SURENDER KUMAR YADAV Vs. UNION OF INDIA, THE CHIEF OF AIR STAFF AIR HEADQUARTER (VAYU BHAVAN) DHQ POST OFFICE AND THE A.O.C. AFCAO

JUDGEMENT

(1.) THE OA has been filed against the alleged unjust and unfair action of the respondents whereby Respondent No. 3 has offered an appointment without following due process of recruitment to one Shri Anil Kumar Berwal to the post of Assistant Manager of Camero URC (Extension), ignoring the service and experience of the applicant who had been working in Camero AF CSD Canteen as Assistant Manager from 12.4.2004 to 27.2.2009.

(2.) FOLLOWING reliefs have been sought in this OA: -

(3.) SHORT counter reply has been filed on behalf of the respondents in pursuance of Tribunal's direction dated 29.01.2014. It is stated in the counter reply that the applicant is not holding a Civil post and the dispute raised by the applicant does not fall within domain of public employment. The jurisdiction of this Tribunal cannot, therefore, be invoked in view of the law laid down by the Hon'ble Supreme Court in the case of Union of India Vs. Gobinda Prasad Mula ( Civil Appeal No. 8772/2012). In the matter of R.R. Pillai (dead) through Lrs. Vs. Commanding Officer HQ S.A.C (U) and Ors.( Civil Appeal No. 3495 of 2005 along with Civil Appeal Nos. 3557 -3559, 3560 and 3561 of 2005 decided on 28.04.2009) it has been categorically held that the employees of Unit Run Canteen (URC) are not Government servants and that such Canteens are simply retailers who pay their employees from profits earned by them from selling goods procured from CSD. A copy of the judgments, referred to above, have been annexed as Annexure R1 and Annexure R2 respectively to the counter reply.