UNION OF INDIA Vs. SHEIKH SUBHANI

JUDGEMENT

(1.) This order shall dispose of two Civil Writ Petitions being CWP No. 9791 of 2004 and CWP No. 9792 of 2004 as common questions of law and similar facts are involved.

(2.) For the sake of convenience, the facts are being borrowed from CWP No. 9791 of 2004.

(3.) Sheikh Subhani, respondent No. 1 was appointed as a Civilian Clerk in Golden Arrow Gas Agency at Ferozepur Cantt with effect from April 26, 1984 for a period of three months. He was originally put on probation. After the probation period, the case of the petitioner and other persons so appointed were to be reviewed for permanent absorption. Claiming that after completion of the probation period, he would be deemed to have acquired permanency in view of Part-I, Sr. No. 17(f) of Standard Operating Procedure and also placing reliance upon a judgment of Division Bench of this Court in CWP No. 12687 of 2001 (Canteen Management Committee and another v. CAT and another) decided on August 23, 2003. It was claimed by the aforesaid Sheikh Subhani that he would be deemed to be permanent employee of the management. On July 3, 1998, he was served with the termination notice. A civil suit was filed by him. An interim order was passed by the Civil Court staying the termination. The civil suit filed by Sheikh Subhani was dismissed on August 30, 2001. It was held that he had failed to produce any evidence to prove his case. The learned trial Court did not record any finding on other issues. After the conclusion of the proceedings in the civil suit, the termination notice dated January 29, 2003 was again issued to Sheikh Subhani. It was stated in the notice that his services were no longer required with effect from January 30, 2003. Upon receipt of the aforesaid notice, an original application was filed by Sheikh Subhani before the Central Administrative Tribunal (for short, 'the Tribunal'). The claim was made to quash the aforesaid show-cause notice. It was pleaded that in view of the length of the service, his services could not be terminated. It was further claimed that persons junior to him were continuing in various other canteens.