A SONKAR Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The Petitioner was appointed as a Junior Anaesthetist on contract basis for a period of three months on a consolidated salary of Rs. 2,730/- on 22nd September 1986. The contract period was extended by three months on 6th January 1987 and again on 6th April 1987. Vide office order dated 14th May 1987, the appointment of the Petitioner was regularized as a temporary employee. It was recorded in the said order that his services can be terminated at any time without any notice or reasons being assigned. It was further recorded that the confirmation would depend upon the existence of a permanent vacancy, position in seniority list, good report about his work and conduct after a year.

(2.) Vide office order dated 16th February 1988, Type-IV Government quarter was allotted to the Petitioner on out of turn basis in the exigency of services. The office order required the Petitioner to occupy the quarter within seven days. However, the Petitioner did not occupy the said quarter and continued to stay at Noida.

(3.) Vide letter dated 13th May 1988, the Respondent directed the Petitioner to occupy the flat within one week failing which action would be taken against him. It was recorded in the said letter that the Petitioner was on emergency duty and the allotment was done on his request. It was further recorded in the said letter that the Petitioner was required to be present in the hospital campus round the clock and due to his non availability, the hospital was unable to attend to extreme emergent cases at odd hours.