ALOK KUMAR Vs. PAWAN HANS LTD

JUDGEMENT

(1.) CM Nos.4072 -74/2015

(2.) THE facts which we would be noting hereinafter are not to be treated as an acceptance of the factual position or the legal position, because a narration of said facts is necessary to bring out the real issue which arose for consideration, but the pleadings in the writ petition being faulty and scattered, have escaped the attention of the learned Single Judge; and perhaps additionally for the reason even in the appeal the learned counsel for the appellant failed to capture the relevant facts and project the same coherently. It is just incidental that the real issue was caught by the eye of the Court. Thus, on remand, the learned Single Judge would decide the issues which emerge in light of the existing prayer made in the writ petition as also the alternative prayer which would be made by the appellant after formally amending the writ petition and impleading the Indian Air Force as a respondent.

(3.) WITH reference to the letter dated August 02, 2011, offering appointment to the appellant as a General Manager (Operations) by the first respondent, the learned Single Judge has held that the appellant would be required to be treated as on probation for a period of one year. The incidental issue regarding automatic confirmation in service has been held against the appellant by the learned Single Judge. The next issued decided by the learned Single Judge was whether the order terminating the service was stigmatic. The same has been held against the appellant.