TARA KHANAL Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) Petitioner has raised challenge to the order dated 01.07.2013 (Annexure P-1) whereby the services of the petitioner as Data Entry Operator in the Red Cross Society, Chandigarh, has been terminated, on the ground that the same had been done without issuing notice and no opportunity of hearing has been granted and therefore, the same is arbitrary, illegal and liable to be quashed.

(2.) It is not disputed that the petitioner was employed as Data Entry Operator on contract basis in the Department of Indian Red Cross Society, wayback in January, 2007. Initially, the contract was for a period of one year on a fixed contractual fees of Rs. 4000/- per month. It is her case that from time to time the contract was extended and that she had a good work record. Eventually, the impugned order came to be passed on the ground that her services were no longer required in the office of the Registering & Licencing Authority. In the second portion of the letter, it was mentioned that the services were terminated with immediate effect, under the provisions of Clause 4 of the contract letter dated 29.01.2013 (Annexure P-8), which was the last extension of the contract from 07.02013 to 06.02014 @ Rs. 7980/- per month. The same reads as under:

(3.) It is relevant to notice that Clause 4 provides that the Society has a right to terminate the services for any wilful disobedience or failure to perform or comply with instructions, without any notice. Clause 4 reads as under: