PAWAN KUMAR. Vs. UNION OF INDIA AND ANOTHER.

JUDGEMENT

(1.) In view of the divergent views in two judgments by the learned Division Benches of this Court, the first being CWP No. 1282/2014, titled as Ashok Dutt Sharma Vs. Union of India and others, decided on 24.3.2014 and the second being CWP No. 4064/2015, titled as Bir Pal Singh Vs. Union of India and others decided on 1.1.2016 , a learned Division Bench of this Court vide order dated 16.3.2016 in CWP No. 9093/2014, referred the matter for consideration to a larger Bench.

(2.) The order of reference reads thus:

(3.) The seminal question that emanates in all these writ petitions is: whether an employee, who is appointed purely on contractual basis for a fixed tenure in accordance with non-statutory Scheme, can claim that his appointment be made co-terminus with the scheme or in the alternative his services be continued till the age of superannuation or would his services be liable to be terminated on the expiry of the period of contract, as is provided for in the Scheme.