KISHORI CHOWDHURY Vs. UNION OF INDIA (ASSIGNED)

JUDGEMENT

(1.) Leave is granted to the learned advocate for the petitioner to correct the prayer clauses of this writ petition.

(2.) By an order dated 26th February, 2010 issued by the Assistant Personnel Officer (H&MPP), Eastern Railway, the petitioner was engaged as a bungalow peon of Sri Subrata Mukherjee, Chief Commercial Manager (PS), Eastern Railway, Kolkata on contractual and trial basis initially for a period of one year at a consolidated amount of Rs.5,000.00 only per month against existing vacancy. Such order indicated that the engagement would be guided by the terms and conditions laid down in the circular/letter dated 13th May, 2008 and that the petitioner shall be liable to be terminated from service due to unsatisfactory service within a period of one year with one month's notice or one month's emoluments in lieu thereof.

(3.) In terms of such order, the petitioner started serving Sri Subrata Mukeherjee as his bungalow peon. However, the service of the petitioner was terminated by an order dated 7th January, 2011 with effect from 3rd January, 2011 (F.N.) due to his unsatisfactory service. One month's emoluments in lieu of one month's notice was given to the petitioner.