LAWS(MAD)-2008-1-153

UNION OF INDIA Vs. V KENNEDY

Decided On January 30, 2008
UNION OF INDIA Appellant
V/S
V Kennedy Respondents

JUDGEMENT

(1.) HEARD the arguments of Mr. K. Rajasekar, learned Senior Central Government Stating Counsel representing the Union of India and Mr. P. Rajendran, learned counsel appearing for the petitioners in W.P. Nos. 34277 and 35610 of 2004 and the first respondent in W.P. No. 25090 of 2004 and have perused the records.

(2.) W .P. No. 25090 of 2004 is filed by the Union of India represented by the Director of BCG Vaccine Laboratory challenging the order of the Tribunal dated 29.6.2004 in O.A. No. 103 of 2004 in directing the reinstatement of the first respondent with backwages from the date of removal till the date of reinstatement within a period of eight weeks from the date of the order.

(3.) IN W.P. No. 25090 of 2004, the first respondent was appointed as a Gardener in Group 'D' post by an order dated 01.6.1995. He was declared to have satisfactorily completed his probation on 31.5.1997 and the same was communicated by the petitioner Union of India vide letter dated 29.8.1987. He was also transferred to the post of Laboratory Peon from the post of Gardener by an order dated 01.6.2001. But, however, when he was working in the post of Laboratory Peon, by an order dated 03.02.2004, his services were terminated by invoking Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 [for short, 'CCS Rules']. It was this order, which was under challenge in O.A. No. 103 of 2004.