ANIL RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application the petitioner has sought stay of termination of his service. This Court vide order dated 28th May, 1997 passed an interim order granting status quo as of that date which was allowed to continue till the next date. Arguments have been heard on this application.

(2.) In order to appreciate the contention raised at the bar, the brief facts of the case are that the petitioner was appointed as Research Fellow on a consolidated salary of Rs. 3,200.00 per month vide order dated 23rd January, 1986. This appointment was made on contract basis for a project. Those persons appointed on contract were called Project employees. The contract employment of the petitioner was extended from time to time. On 11th January, 1990 he was given regular scale of pay in the scale of Rs. 3000.00 4500.00 This was as per the recommendations of the 4th Pay Commission. In October, 1991 petitioner was promoted to the rank of Senior Research Fellow. The post of Senior Research Fellow, according to the petitioner is a regular post on the establishment of the respondent carrying regular pay scale.

(3.) That the respondent No.3 on 28fh September, 1995 extended the period of project appointment of the petitioner on the post of Senior Research Officer till further orders. This order was communicated to the petitioner only on 19th February, 1997. After having served this order the respondent intimated to the petitioner that his services would come to an end on 31st May, 1997, as thereafter his services would not be required. On 6th May, 1997 he was asked to clear ll his dues. This action of the respondent has been assailed in this writ petition on the ground of being arbitrary and discriminatory.