SOMBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner in the present writ petition is admittedly an employee of a 'Unit Run Canteen' who seeks issuance of a writ of certiorari quashing/setting aside of the impugned order 7846/TOS/NOIDA/CSD dated 26th April, 2012, which is a dismissal order passed by the Respondents allegedly without giving any opportunity to the Petitioner to defend himself.

(2.) AT the outset a preliminary objection is raised to the maintainability of the petition by learned counsel for the Respondents who contends that in terms of the judgment of the Hon'ble Supreme Court in Civil Appeal No.3495/2005, R.R.Pillai (dead) through LRs vs. Commanding Officer, HQ S.A.C.(U) and Ors wherein it was held that the employees of 'Unit Run Canteens' are not Government employees, the present petition cannot be entertained.

(3.) SUBSEQUENTLY a learned Single Judge of this Court (Hon'ble Mr.Justice A.K.Sikri as his Lordship then was) in the case of Layak Ram vs. Quarter Master General & Ors, 1999 (81) DLT 395 has similarly held that employees of canteens in Army Headquarters cannot file a writ petition and such employees are not employees of a State within the meaning of Article 12 of the Constitution. Paras 9 and 10 of the said judgment which are relevant are reproduced hereunder: -