UMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner Sh. Umesh Kumar effectively seeking continuation of his tenure as Member (Finance) with respondent no.3/Damodar Valley Corporation as Financial Advisor.

(2.) PETITIONER was appointed as a Financial Advisor with the respondent No.3 by the order/letter dated 7.9.2009 read with notification dated 30.9.2009 for a period of five years or till further orders. Entitlement of any person to continue in a post ordinarily can only be if there is an order of a specific/fixed tenure appointment. If there is no fixed tenure of appointment, and even if there is a fixed tenure of appointment but which is subject to further orders, such a tenure can always be brought to an end by appropriate orders of the employer.

(3.) PETITIONER by the letter dated 6.3.2012 was asked by the respondent no.3 that since the post of Financial Advisor of respondent No.3 has been abolished, does the petitioner agree and give consent for his continuation as Member (Finance) as an interim arrangement. To this offer, the petitioner by his acceptance letter dated 6.3.2012, gave his unconditional consent to be a Member (Finance) as an interim arrangement. Therefore, the fact of the matter is that the petitioners appointment which was originally made in terms of the order dated 7.9.2009 and notification dated 30.9.2009 as Financial Advisor, became appointment as a Member (Finance) as an interim arrangement i.e a post with no specific tenure.