SATWANT SINGH KUTHEHRIA Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant is an Assistant Engineer(degree Holder) in Himachal Pradesh Public Works Department presently working on deputation with Himachal Pradesh Road Transport Corporation at Mandi. Consequent upon his deputation, he is posted as Civil Engineer in H.R.T.C, Mandi Division.

(2.) On his appointment as Assistant Engineer (Civil), one of the terms and conditions set up in the appointment letter was that his services could be terminated by the respondent No.3 i.e. Himachal Pradesh State Electricity Board (in short the Board) by on months notice without assigning any reason during the probation period which is for a period of two years. The appointment may be terminated at any time by one month notice given by either side i.e. the appointee or the appointing authority. A sum of Rs. 10,000/ - is being deducted from the arrears of the pay of the applicant on account of breach of one of his appointment conditions as reflected in Annexure A -15 and A -16.the applicant, has, therefore, sought following reliefs: - a) That the Annexure A -15 and Annexure A -16 may be quashed; b) That the respondents No.1 & 2 may be restrained form making any recoveries form the applicant as per communication Annexure A -15; c) That the respondent No.3 may be directed to release the arrears of revised pay scale of the applicant w.e.f 2.8.1987 to 18.5.1989 alongwith other dues which were due to the applicant on 18.5.1989; d) That the applicant be also allowed the cost of the application; e) That the records of the case may be called for the perusal of this Honble Court - Tribunal and f) Any other order deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant and against the respondents."

(3.) The respondents No.1 & 2 in the reply have admitted that the applicant was appointed as Assistant Engineer in the Board. However, he was relieved by Himachal Pradesh Public Works Department (in short HPPWD), on August 25, 1987 to join as an Assistant Engineer in Board on his selection as Assistant Engineer. It is pleaded interalia that the effecting of recoveries from the applicant is a matter of contract between the applicant and the Board, respondent No.3 and the replying respondents have nothing to do for the same.