DEVIDAS TARACHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed on 30th January, 2000 as Helper on a regular basis with effect from 1st February, 2000 on a pay-scale. He was also allowed Dearness Allowance and House Rent Allowance. One of the conditions in the appointment letter was, "Your service may be terminated without assigning any reason by giving one month's notice in writing..." Another condition was that "The Manging Committee of HQ Southern Command reserves the right to terminate your services without notice for misconduct and/or on other disciplinary grounds." He was to remain on probation for a period of 6 months. Without any notice, on 19th March, 2002, he was served with an Order of Discharge on inefficiency grounds. This order reads as under:-

(2.) The order was challenged by the petitioner before the Central Administrative Tribunal, and the Tribunal dismissed the O.A. by its order dated 20th June, 2003.

(3.) The learned counsel for the petitioner has brought to our attention a judgment of the Supreme Court reported in AIR 2001 S.C. 526, Union of India v. M. Aslam. In this judgment, the Supreme Court held that employees in Unit-run-canteens are Government employees, and the Central Administrative Tribunal has jurisdiction to entertain their application, treating them as Government employees.