UNION OF INDIA & ANR Vs. SAMEER SACHDEVA

JUDGEMENT

(1.) Mr. Sameer Sachdeva, Respondent/Plaintiff (hereinafter "Plaintiff") was appointed on 28th March, 2003 with the Appellant No. 1 on a contract appointment as a Project Manager for a World Bank project. The appointment was on a contractual basis for a period of three years. He was to be paid a consolidated sum of Rs. 25,000/- per month for the duration of the contract. If he discontinued service before the expiry of three years, he would be required to refund Rs. 50,000/-. Plaintiff joined the service on 28th March, 2003 vide appointment letter Ex. P1. According to the Plaintiff, the Appellant No. 2/Defendant No. 2 had a personal enmity towards him and in order to harass him, order dated 13th August, 2003 was passed by which his term of employment was curtailed to two years at the discretion of the department with one month's prior notice. His designation was also changed from 'Project Manager' to 'Consultant'. He made a representation to the authorities requesting to revert him to his original position and on not getting a positive response, on 22nd September, 2003 he proceeded on leave. On 25th September, 2003, the impugned termination order (Ex. P7) was passed on various grounds, including on the basis of non-performance. By this termination notice, his services were terminated with immediate effect and one month pay was given in lieu of the notice period. Various representations were made by him. He sought a personal hearing but none was granted. He, thus, filed the subject suit with the following reliefs.

(2.) In the written statement, the government took the stand that the Plaintiff was on probation and liable for termination on short notice. The termination order was also defended on the ground that the Plaintiff's performance was found lacking. In any event it was submitted that the Plaintiff was on a contract appointment and not on a permanent post. The remaining allegations were denied.

(3.) The following issues were framed in the suit: