LAWS(HPH)-2008-7-36

OMI THAKUR Vs. UNION OF INDIA

Decided On July 11, 2008
Omi Thakur Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of the writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, for directions to the respondents to re -engage the services of the petitioner and for quashing the order of her termination from service.

(2.) BRIEFLY stated, the facts of the case are that the petitioner was engaged on daily wage basis as Clerk in CSD Canteen Palchan with effect from 5.5.1995. She had completed 8 years of uninterrupted service. However, it was alleged that her services were disengaged by the respondents verbally on 28.10.2002 and in her place respondent No. 5 was engaged. She served a legal notice upon the respondents on 30.10.2002 which was not replied. She challenged her termination and engagement of respondent No. 5 before the Central Administrative Tribunal who vide his order (Annexure P -7) dated 18.11.2003 held that she had failed to make out a case for regularization of her services and her termination was not set aside but the respondent department was directed to allow her to work for three days in a month during visit of Mobile Canteen to Kullu.

(3.) WE have heard learned Counsel for the parties and have gone through the record.