AMAN SINGH AHLAVAT Vs. INDIAN PETROCHEMICALS LTD.,

JUDGEMENT

(1.) This Letters Patent Appeal is against the oral order passed by the learned single Judge of our High Court in Special Civil Application No. 2973 of 1986. The appellant filed the aforesaid Special Civil Application for issue of a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order terminating the services of the appellant with effect from 13th June, 1986. The appellant has further prayed for a direction to continue him in service as Special Officer (Security) with continuity of service as if his services are never terminated. There is a further prayer in the Special Civil Application for issue of a writ of mandamus or any other appropriate writ declaring that the action of the respondent-Corporation offering to the appellant the amount of Rs. 1,700/- as basic pay for the post of Special Officer (Security) is violative of Articles 14 and 16 of the Constitution of India and is null and void and as such the respondent-Corporation should be directed to pay the petitioner the basic pay at the rate of Rs. 2,675/- plus Rs. 250/- and to pay the difference in salary starting from the date of employment of the appellant till date with interest at the rate of 12%.

(2.) The appellant is a retired Military Officer having 30 years of service. During his military service, he had two extensions granted by the Army authorities. After the retirement, the appellant was recruited as Special Officer (Security) with the respondent-Company. By letter dated 4-8-1984, the respondent-Company made an offer for contract of service for a period of two years stating that the appellant will be paid a fixed pay of Rs. 1,700/- per month. Apart from this fixed pay, the respondent offered dearness allowance, house rent allowance and reimbursement of local travel expenses to the appellant herein and all these offers are incorporated in the said letter. It is the further case of the appellant that in order to accept this offer, he resigned from the Army during the extended period of his service on 7-9-1984 and joined the respondent-Corporation on 24-9-1984. By letter dated 5-10-1984, the appellant wanted fixation of higher pay and also type 'D' quarters. In August 1985, a Review Committee assessed the performance of the appellant. On 10-9-1985, the appellant once again wrote to the Company to refix his salary. On the very same date the decision was taken to terminate the services of the appellant for his unsatisfactory performance as Special Officer (Security). On 3-10-1985 the Managing Director gave interview and said that the work of the appellant was unsatisfactory. Nevertheless, the Managing Director gave option to the appellant to retire voluntarily. On 14-5-1986 the Chief Manager (Personnel and Administration) of the Company terminated the contract of service of the appellant herein with effect from 13-6-1986. It is as against this order of termination the appellant has come forward with the Special Civil Application along with the prayers referred above. The learned single Judge of our High Court, after taking into consideration the contentions raised by the learned counsel appearing for the appellant herein, negatived all his contentions and dismissed the Special Civil Application at the admission stage itself. Aggrieved by the said order, the appellant has come forward with the above said Letters Patent Appeal.

(3.) Mr. S.D. Shah, the learned counsel appearing for the appellant, raised three contentions stating that those contentions were also raised before the learned single Judge and that the same was not answered nor dealt with specifically by the learned single Judge. The contentions are :