SUDESH SODHI Vs. M.C. SHIMLA

JUDGEMENT

(1.) PETITIONER is aggrieved by Annexure P -3, notice of termination dated 13.4.2010, served upon her by the Commissioner, Municipal Corporation, Shimla. Petitioner has been working as Warden in Working Women Hostel, Sanjauli, since 1983. At the time of her appointment, hostel was being run by a Trust, known as Himachal Kalyan Nidhi. Hostel was transferred to Municipal Corporation, vide agreement dated 20.12.1990, copy Annexure P -2. Paragraph 4 of the agreement, provided for taking over of the services of the staff of the hostel.

(2.) PARAGRAPH 8 of the agreement provided that a five member committee will be constituted for the management of the hostel and one of the five members would be nominated by the Trust.

(3.) PETITION is opposed by the Municipal Corporation, impleaded as respondent No.1. In the reply it is stated that petitioner is already 70 years old, though normal retirement age of the employees is 58 years. A copy of resolution passed by the Municipal Corporation, in its meeting held on 30.6.2010, has been placed on record, per which petitioner has been ordered to be retired on payment of a lump sum equivalent to six months salary, i.e. Rs.33000/ -.