V.K.SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, petitioner claims the only one relief of permitting him to continue as the Chairman-cum-Managing Director of Northern Coalfields Limited till the date of his superannuation in September, 2014 allegedly because of "prevalent practice".

(2.) ADMITTEDLY , the petitioner was appointed in terms of the appointment letter dated 30.12.2008 as per which the tenure of the appointment of the petitioner was to be for five years or superannuation or till further orders whichever is earlier. This expression ,,till further orders and whichever event occurs first is obviously because employer has a right to decide whether or not to continue an employee at a specific post. Therefore, in my opinion, there is no valid basis to contend that petitioner is entitled to continue for a fixed term of five years or till superannuation.

(3.) SO far as the relief of continuation of a person till superannuation is concerned, I have not been shown any legal basis to make such a claim more so in the face of the appointment letter dated 30.12.2008 which categorically states that the appointment is for five years or till superannuation or till further orders which event occurs first i.e even before five years or if appointment is continued after five years but before superannuation, the petitioner need not be continued as a CMD of Northern Coalfields Limited as per reasons considered by the employer.