UNION OF INDIA Vs. RAJENDRA PD. SINGH

JUDGEMENT

(1.) This appeal by the Union of India arises out of a suit filed by the respondent for a declaration that the order of termination of his services passed by the Maintenance Inspector (Signal), Dhanbad, contained in the letter (Ext. A) dated the 10th November 1962, was illegal and without jurisdiction as well as for a decree for a sum of Rs. 170 against the appellant. Admittedly, the respondent was appointed as a casual fitter on the 5th November 1956 at the rate of Rs. 3 -8 -0 per day. He continued in service for a period of two years against different casual vacancies.

(2.) On the case of the respondent, he was taken as a member of the permanent staff on the 1st March 1959 and was also given the Central Pay Commission's Scale of Pay in addition to dearness allowance. The respondent was, thus, enjoying all the privileges of a member of the permanent railway staff with effect from the 2nd March 1959. He was removed from service with effect from the 16th November 1961 without any notice in contravention of the rules regarding the dismissal of the railway employees.

(3.) The suit was resisted by the appellant on the ground that the respondent never acquired the status of a member of the permanent or temporary staff under the Railway Administration but was only a casual labourer and, as such, his services were terminated on the completion of the work for which he was employed. According to the appellant, the termination of the respondent's services was legal and proper and there was no contravention of the rules.