JULIANA LOISEAU Vs. BRITISH HIGH COMMISSION

JUDGEMENT

(1.) THE present suit is instituted by the plaintiff praying inter alia for a decree of damages/compensation for an amount of Rs. 71,00,000/- together with pre-suit, pendente lite and future interest in favour of the plaintiff and against the defendants on account of the loss of salary, provident fund, gratuity benefits, future job prospects, pension benefits etc. , claimed by the plaintiff.

(2.) THE undisputed facts leading to the institution of the present suit are that vide letter of appointment dated 8. 10. 1982 (Ex. P-1), the plaintiff was appointed as a Staff Nurse Grade-Ill with the defendant No. 1, The British high Commission, New Delhi, w. e. f. 1. 11. 1982. Enclosed with the said letter of appointment, was a Booklet containing the conditions of service for locally Engaged Staff (Ex. P-2 ). The said appointment was subject to probation for a period of twelve months, which period was completed by the plaintiff on 1. 11. 1983. Thereafter, vide letter dated 2. 11. 1983 (Ex. P-4), the plaintiff was confirmed in the service of the defendant No. 1 as Nurse Grade iii. The plaintiff became a member of the defendant's Staff Provident Fund, vide letter dated 2. 11. 1983, (Ex. P-5 ). After the plaintiff continued working with the defendant No. 1 for a period of about 12 years, a letter dated 07. 08. 1995 (Ex. P-11) was issued to her whereby the plaintiff was intimated on behalf of the defendant No. 1 that her service was being terminated by invoking the terms of para 3 of the letter of appointment dated 08. 10. 1982, issued to her. Aggrieved. by the said termination of her services, the plaintiff has instituted the present suit against the defendant, after obtaining necessary sanctions from the Ministry of External Affairs, Government of india, which was accorded by the Ministry vide its letter dated 18. 3. 1998 (Ex. PW-3/1 ).

(3.) VIDE order dated 7. 8. 2002, the following issues were framed:-