K C KOHLI Vs. UNION OF INDIA

JUDGEMENT

(1.) MR. JUSTICE S. RAVINDRA BHAT, J The Writ Petitioner seeks quashing of an Order dated 30.6.1980, dismissing him from the services. The order was issued by the second Respondent National Hydro Electric Power Corporation Ltd. (hereafter referred to as 'the NHPC').

(2.) The facts as far as they are not disputed are that the Petitioner was appointed as an Instructor by the Central Water Power Commission (CWPC) on 14.10.1963. He was declared a quasi permanent employee on 14.10.1966. As per instructions of the CWPC he was transferred from the Technical Training Centre, Nagarjuna Sagar Dam to the Baira Siul Hydro Electric Project by an Order dated 27.2.1974. It appears that the Technical Training Centre of the CPWC was closed down with effect from 28.2.1974 and Instructors like the Petitioner were declared surplus. By an Order dated 2.5.1974, such Instructors who had reported for duty were appointed on a temporary basis. A relevant part of the said Order dated 2.5.1974 reads as follows:- "The Project has no post of Instructors. The comparable post would be that of Supervisors. Following statement shows the comparative essential qualifications and scale of pay for the two posts : INSTRUCTORS SUPERVISORS Essential qualifications Matric and course of two Matric/Higher Secon- years as Mechanic from dary 3 years' diploma recognised I.T.I. and in any Branch of Engg. Training in heavy earth- viz. Civil/Mech/Elect. moving equipment. from recognised Institution. Scale of Pay : 425-640 425-700 In view of the ample utility of these people in the project it is proposed to appoint the Instructors who have already reported for duty against the post of Supervisors as a temporary measure. There are 12 posts of Civil and 21 vacant posts of Electrical Supervisors in the Project and 48 more posts of supervisors are being sanctioned. The Instructors who have already reported viz. Shri R.M.Ahluwalia and Shri K.C.Kohli are being appointed on an ad-hoc basis as Supervisors. One more Instructor is expected to join during this week. In view of this, it is requested that approval may kindly be accorded for the employment of three Instructors."

(3.) A consequential order appointing the Petitioner as Supervisor was issued on the same day namely 2.5.1974. That order reads as follows : "OFFICE ORDER Consequently upon their transfer vide TTC's No. closure/TTC/74 dated 28.2.74 Service of R.N.Ahluwalia dn K.C.Kohli, Instuctors of TTC.CH and PC Mangal Township/Nagar Jamnagar Dam, to this project they have joined their duties with effect from 11.3.74 and 16.3.74 respectfully. They are hereby appointed as Supervisors in the scale of Rs.425-15-500-KB-15-560-20-700 on adhoc basis for a period of six months. Sd/ Chief Engineer, Baira Siul Hydel Project, Surangani, Distt.Chamba (H.)"