S. ANANTHASAYANAM Vs. GOA SHIPYARD LIMITED

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Counsel for the respondents waive service of Rule. By consent, taken up for hearing forthwith.

(2.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby quashing the Memorandum/Article of Charge dated 7/02/2011 and for a declaration that termination of the petitioner by impugned letter dated 01/08/2012 is null and void.

(3.) The petitioner joined respondent no.1 as Deputy General Manager (Finance), [redesigned as Additional General Manager (Finance)] on 3/7/1996 and served till 13/8/2001, after which he was appointed as General Manager (Finance) of Respondent no.1, through open advertisement on 14/8/2001 and he served as such till 4/11/2003. Upon request made by the petitioner by letter dated 3/11/2003 to the respondent no.1 for permission to relinquish from the post of GM (Finance), he was informed by Memorandum dated 27/11/2003 that he has been relinquished and accordingly on 4/11/2003, he gave up the post of GM (Finance). At the time of relinquishing the said post, the petitioner opted to settle all retirement dues on the expiry of tenure as the Director (Finance). Thereafter, vide letter dated 22/11/2004, the petitioner came to be appointed as Director (Finance) by Respondent no. 2 on selection by Public Enterprises Selection Board (PESB) and pursuant to the sanction granted by the President of India. This appointment was initially for a period of five years w.e.f. 05/11/2003. As per clause (i) of the appointment letter, the appointment could be terminated during the tenure, either by giving 3 months' notice or on payment of 3 months' salary, in lieu thereof. The appointment further stated that after expiry of the first year, the performance of the petitioner will be reviewed to enable the Government to take a decision regarding continuance or otherwise in the course of balance period of tenure. In the meanwhile, he was confirmed in that service, for the balance period of tenure, by letter dated 13/4/2005.