LAWS(GAU)-2012-4-49

RAJEN BORAH Vs. UNION OF INDIA

Decided On April 19, 2012
RAJEN BORAH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) BOTH the writ petitions arising out of the common judgement and order dated 5.5.2011 passed in two Original Applications being OA No. 55/2010 and OA No. 58/2010, have been heard together and are being disposed of by this common order.

(2.) WHILE Mr. R. Sarma, learned counsel appearing for the petitioner involved in WP(C) No. 3538/2011 represents the applicant involved in OA No. 58/2010, Mr. M.H. Choudhury, learned counsel represents the petitioner in WP(C) No. 4267/2011 who was the applicant in OA No. 55/2010. The said two OAs were filed by the petitioners assailing the orders dispensing with their services as GDSMD (Gramin Dak Sevak Mail Deliverer). It is an admitted position that they were appointed as such purely on temporary and contractual basis. WHILE the petitioner in WP(C) No. 3538/2011 was appointed on 12.12.2007, the petitioner involved in WP(C) No. 4267/2011 was appointed by order dated 27.3.2008. In both the orders, it was clearly stated that their appointments as GDSMD were purely on temporary and contractual basis and would be liable to be terminated at any time without any notice and without assigning any reason.

(3.) ASSAILING the aforesaid order dispensing with their services, the petitioners had approached the Central Administrative Tribunal, Guwahati Bench by filling the aforesaid OAs. The Tribunal on perusal of the records and upon hearing the learned counsel for the parties having dismissed the OAs, the applicants have filed these two writ petitions for setting aside the order passed by the learned Tribunal and to reinstate them in service.