HANEF Vs. UNION OF INDIA

JUDGEMENT

(1.) Admittedly, petitioner has been enrolled as Safai Karamchari in Station Headquarter Nagrota of 16 Corps C/o. 56 APO on 10.11.1982. When his juniors were regularized, he filed SWP No. 1793/2001 seeking regularization of his services on completion of five years of his enrolment particularly, from the date his juniors have been declared permanent. Said writ petition has been dismissed as withdrawn vide order dated 13.05.2008. In the reply filed by the respondents in the above referred two writ petitions, SWP No. 1793/2001 has been stated to be pending which is not correct. Petitioner has filed one more writ petition, SWP No. 755/2005 with the same prayer as made in the disposed of writ petition, SWP No. 1793/2001. It is during the pendency of the said writ petition, order impugned dated 22.12.2007 has been passed, in terms whereof, his services have been terminated. As against the said termination order, petitioner has filed another writ petition, i.e., SWP No. 2266/2007, seeking quashment of the order of termination and reinstatement as Safai Karachari with effect from 22.12.2007 with all consequential relief as well as damages.

(2.) It is projected that the order of termination has been passed without holding any departmental enquiry or serving any charge sheet ignoring the fact that the petitioner by rendering 25 years of continuous service is deemed to have acquired the status of a permanent employee. The order is in violation of the Central Civil Services (Temporary Service), Rules. Neither notice of one month, as required under Rule 5 of CCS (Temporary Service) Rules nor any pay and allowances has been paid in lieu of one month's notice.

(3.) It is further projected that the petitioner was the President of the Union under the name and style of M/s. Civilian Defence Workmen Union Nagrota, Jammu. His activities for ensuring welfare of the Civilian Defence Workers irked the respondents and in turn with the object of wrecking vengeance, so many methods have been adopted to deprive the petitioner of his livelihood. Rendering of twenty five years service has been set at knot in a manner which is not only illegal but unconstitutional as well.