REGENT COMPUTRONICS PVT. LTD.

DISTRICT, SESSIONS JUDGE Appellant

V/S

RATNESH KUMAR SRIVASTAVA Respondents

Referred Judgements :-

JUDGEMENT

(1.) These Special Appeals have been filed against the order of the learned Single Judge dated 8.12.2004 staying the operation of the order dated 30th October, 2004 passed by the District Judge, Baghpat, by which the services of the respondent-employees stood terminated.

(2.) The facts and circumstances giving rise to these Appeals are that the said respondent-employees had been appointed as Stenographers vide order dated 29th May, 2003 along with four others, with a clear stipulation in their appointment letters that it was purely an ad hoc and temporary appointment, liable to be terminated at any time without notice. The said respondent-employees joined the services in pursuance of the said appointment letters. However, as the work of the employees was not found satisfactory, vide letter dated 17th March, 2003 (Annex. 2) the District Judge asked them to learn/improve and the Senior Administrative Officer was directed to test them periodically and submit the progress report. The employees however did not show any improvement whatsoever and did not learn the shorthand and typing even though extension of time was granted time and again. Several progress reports, i.e. reports dated 17.8.2004, 14.9.2004 and 26.10.2004, (Annexures 3, 4 and 5) were submitted to the District Judge to show that they were not making any improvement and did not know the shorthand at all. The matter was reported, to the High Court on the Administrative Side and the Hon'ble the Acting Chief Justice vide order dated 20.9.2004 directed the matter to be placed before the Hon'ble Administrative Judge of that District for passing appropriate orders. The Administrative Judge, after considering the entire case, directed the District Judge to take appropriate action as he may deem fit, and in pursuance thereof, the services of the respondent-employees stood terminated vide order dated 30.10.2004 (Annex. 8). Feeling aggrieved and dissatisfied, the said employees filed Writ Petition Nos. 51562 and 52224 of 2004, wherein the learned Single Judge stayed the operation of the order dated 30.10.2004. Hence, these Special Appeals.

(3.) Sri Sudhir Agarwal, learned Additional Advocate General, assisted by Shri Amit Sthalker, Advocate, appearing for the appellant has submitted that the services of the said employees had been terminated in terms of their appointment letters as they had been appointed on ad hoc basis with the clear stipulation that their services were liable to be terminated any time without notice. There was no occasion for the learned Single Judge to stay the operation of the order dated 30th October, 2004, Moreso, the relief granted by the learned Single Judge amounted to final relief which could not have been granted at the interim stage.

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DISTRICT SESSIONS JUDGE Vs. RATNESH KUMAR SRIVASTAVA

Referred Judgements :-

JUDGEMENT

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