CHANCHAL GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The only point involved in this appeal is whether the appellant's termination from service is in order. Factual scenario which is almost undisputed is as follows :-

(2.) Learned counsel for the appellant submitted that by now she had put in 28 years of service; 14 years by the time the order of termination was passed and 14 years on the basis of interim directions given by the High Court and this Court. Though her appointment initially was conditional in view of the long period of service rendered by her, it had assumed permanency and learned single Judge was justified directing regularization of appointment on a substantial basis. The Division Bench overlooked the salient features and held that the temporary appointment originally made continued to hold field. Reliance was placed on Director, Institute of Management Development, U. P. v. Pushpa Srivastava (Smt.) (1992 (4) SCC 33); Ashwani Kumar and others v. State of Bihar and others (JT 1997 (1) SC 243). Daily Rated Casual Labour Employed under P and T Department through Bhartiya Dak Tar Mazdoor Manch v. Union of India and others, (1988 (1) SCC 122), Narender Chadha and others v. Union of India and others, (1986 (2) SCC 157). State of Haryana and another v. Ram Diya, (1990 (2) SCR 431). State of U. P. and others v. Dr. Deep Narain Tripathi and others (1996 (8) SCC 454) to substantiate the plea. It was contended that in all these cases this Court took note of the long period of service rendered and the consequences and the benefits available to the concerned employee who had rendered such service without any blemish. It was also submitted that the principles of legitimate expectation are squarely applicable.

(3.) Residually it was submitted that the appellant has been given the privileges available under the Gratuity and Pension Fund Benefit Schemes available under Rajasthan Municipal Services (Pension) Rules, 1989 (in short 'Pension Rules'). She has applied for voluntary retirement nearly two years back and no final decision has been taken. These benefits cannot be denied to her.