RAKESH KUMAR Vs. IMPROVEMENT TRUST LUDHIANA

JUDGEMENT

(1.) On April 28, 1995 the Improvement Trust, Ludhiana, appointed the petitioner on a Class-IV post in the rank of Daftri. The petitioner joined his duties on May 3, 1995. Vide order dated October 31, 1996 the petitioner's services have been terminated on the ground that he was under-age at the time of recruitment and was, thus, ineligible for appointment. It has also been observed that the petitioner's name had not been forwarded by the Employment Exchange. The petitioner complains that this order was passed without the grant of any opportunity whatsoever. He further complains that he was paid no salary from May 3, 1995 till the termination of his service vide order dated October 31, 1996. He prays that the order of termination be quashed and that the respondents be directed to pay him the arrears of salary with interest at the rate of 18 per cent per annum from the date of accrual till the date of actual disbursement.

(2.) The respondents contest the petitioner's claim. In the written statement filed on behalf of respondents Nos. 1 and 2, it has been inter alia observed that the petitioner was born on June 27, 1977. He was not eligible for appointment to "any government/semi-government service in April 1995." It has been further averred that "the then Chairman of the Improvement Trust Shri Surinder Aggarwal had issued the alleged appointment letter illegally without any authority." A separate written statement has also been filed on behalf of respondent No. 3. Broadly, the reply is on the same lines.

(3.) The petitioner has filed the replication reiterating his claim.