KULWINDER KAUR Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner herein is aggrieved by the order dated March 16, 1988 by which she was given one month's notice to the effect that her services, shall come to an end with effect from April 16, 1988. The order also stated that "you are given one month's pay as retrenchment compensation." A copy of this order is at Annexure P-4. Initially, the petitioner filed a suit for "Declaration and injunction in the Court of Senior Sub Judge, Patiala" which was dismissed as withdrawn vide orders dated April 9, 1988. Thereafter, the present writ petition has been filed.

(2.) A few facts may be noticed. On June 24, 1985 an advertisement appeared in the paper by which four posts in the rank of Nurse-Dai were advertised. These posts were in the scale of Rs. 350-600. The petitioner avers that she was selected by the selection Committee and was offered appointment vide letter dated April 30, 1986, a copy of which has been produced on record as Annexure P-2 with the writ petition. It has been further averred that she joined service at the Dispensary maintained by the Punjab State Electricity Board at Jalandhar on April 30, 1986. On Dec. 16, 1986, the petitioner was transferred to the Dispensary at Patiala. A copy of the order of transfer has been placed on record as Annexure P-3. As mentioned above, the notice of retrenchment was served on the petitioner vide letter dated March 16, 1988. After having withdrawn the suit, she has filed the present petition to impugned the order of retrenchment. The order has been challenged primarily on the ground that it has been passed on contravention of the terms and conditions of appointment. It has also been averred that the vacancy against which the petitioner was working still exists and as such the retrenchment was wholly illegal and arbitrary.

(3.) In the written statement filed on behalf of the respondent, it has been averred that the "four vacancies, which were advertised vide Annexure P-1 were filled up by four candidates as per their order of merit and no vacancy to the post of Nurse-Dai remained and consequently the name of the petitioner was kept on the waiting list. However, since no candidate was available for the post of Auxiliary Nurse Mid wife, which is a post higher to that of Nurse-Dai, the petitioner was appointed as Nurse-Dai against this post." This appointment was purely "on a temporary basis and her services are liable to be terminated without any notice." It has been further averred that the board "has abolished the dispensary at Jalandhar and consequently there is no vacancy of Nurse-Dai with the respondent Board and for that reason the petitioner has been served the retrenchment notice as she is the junior most Nurse-Dai."