J S JAMWAL Vs. UOI

JUDGEMENT

(1.) The petitioners are ex-army officers. Two of them, namely, Shri J.S. Jamwal and Shri P.N. Ghai retired from the rank of Colonel and Lieutenant Colonel respectively while the third Shri Harjeet Singh retired as a WP(C) NO.7230-32/2005 Major. Consequent upon their retirement, they were appointed as Managers of the Unit Run Canteens of the Army on contract basis. It is only the appointment letter of Major Harjeet Singh which has been placed on record. It is dated 22nd March, 2002. It shows that he had been appointed to the post of Manager in the Station Canteen, Gurgaon with effect from 1st April, 2002 on a basic pay of Rs. 5500/- and he shall be on probation for a period of one year which was extendable to two years, if considered appropriate. It further shows that he was required to submit a certificate to the effect that he had read and understood the HQ Delhi Area Standing Orders dated 1st April, 1987 and undertakes to abide by the rules, instructions and duties contained therein during his engagement in the Station Canteen. WP(C) NO.7230-32/2005

(2.) The HQ Delhi Area Standing Order to which reference has been made in the appointment letter provides that the tenure of the Manager will be on periodic contract basis, i.e., initially for two years and extendable by one year. It further provides that the tenure will not exceed three years and that the contractual period of Canteen Managers will not exceed beyond 58 years of age.

(3.) It is not in dispute that Shri J.S. Jamwal and Shri P.N. Ghai were also employed on contract basis. The appointment letter of Shri J.S. Jamwal is dated 21st October, 2001 and that of Shri P.N. Ghai is of 20h November, 1997. Their appointments were made under the provisions of Special Western Command Order No.2/S/83, which also stipulated that their employment was on contract basis. WP(C) NO.7230-32/2005