UNION OF INDIA Vs. DIVYA RAJESH NAIR

JUDGEMENT

(1.) THIS petition preferred under Article 227 of the Constitution arises from the judgment and order dated 19th September, 2008 passed by the Central Administrative Tribunal, Ahmedabad in Original Application No. 36 of 2008.

(2.) BY order dated 12th January, 2007 made by the Government of India, Department of Space, the respondent was appointed as Junior Personal Assistant in the Indian Space Research Organization (hereinafter referred to as "the Organization") and was posted under the respondent no. 3. Her appointment was on probation for a period of one year. The condition no. 1 (e) of her appointment provided that "during the period of probation, your services are liable to be terminated without notice or without assigning any reasons thereof, if your performance is found to be not satisfactory or if the Government is satisfied you were ineligible for recruitment to the service/post in the first instance itself. " By communication dated 30th January, 2008 issued by the Government of India, the petitioner no. 3, the Controller of Space Application Centre, was instructed to terminate the service of the respondent in terms of the above referred condition no. 1 (e ). Feeling aggrieved, the respondent filed the above referred Original Application No. 36 of 2008 before the Central Administrative Tribunal, Ahmedabad. Before the Tribunal, the application was contested. It was alleged that at the time of her appointment, the respondent was not eligible; that she did not possess the valid certificate for her speed in typing. She had produced a certificate of one Ideal Institute which she claimed was a Government recognized institution. The said Ideal Institute was not authorized to issue such certificate.

(3.) THE learned Tribunal, after considering the merits of the matter, held that the above referred condition no. 1 (e) of appointment was contrary to the public policy. The Tribunal, therefore, proceeded to set aside the above referred condition of appointment and consequently the order of termination of service of the respondent. Therefore, the present petition.