AMARJEET KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as Chairperson of the Central Social Welfare Board (which is a Government Company) for a period of three years, with effect from 20.11.88, through a Government Resolution dated 16.12.88. The Resolution stated that the petitioner had assumed charge of the Office of the Chairperson on, the afternoon of 28th November, 1988. Alleging that the respondents want to terminate her appointment before the completion of three years, the present writ petition has been filed. It is prayed that the respondents be restrained from terminating her appointment before the period of three years is complete and to allow her to continue as the Chairperson.

(2.) It is stated in the petition that the petitioner is a prominent social worker and a former Congress-1 member of Rajya Sabha from 1976 to 1988. It is alleged that the proposed action of termination, by the Government which has come to power in 1989, is arbitrary, illegal and vindictive. It is also stated in the petition that her services cannot be terminated merely because the party in power in the Central Government is changed. The petition further states that the proposed action against the petitioner is violative of the principles of natural justice.

(3.) In reply the respondents have submitted that the appointment of the petitioner is merely a contract of personal service and no writ petition would lie for enforcement of such a contract. It is also submitted that the term of three years, referred to in the Resolution, is the maximum period of appointment and the respondents have power to terminate the same before the expiry of three years. It is also alleged that the petition is not bonafide.