JOGINDER KOUR Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is not dispute that the petitioner was appointed as a Lower Division Clerk on ad hoc basis on 16.6.1980 in Central Water Commission under Chanab Investigation Circle, Jammu. She was required to clear the test to be conducted by the Staff Selection Commission, New Delhi, which she could not qualify, so her service were terminated vide Order No. CIC/PF -326/80/3253 -57 dated 1.12.1986 issued by the Superintendent Engineering, Chenab Investigation Circle, CWC, Jammu. She made a representation to the Chairman, CWC, New Delhi praying for her continuation. Accordingly, her case was referred to Ministry of Water Resources, New Delhi and, in the meanwhile, the Superintending Engineer, Chenab Investigation Circle. Jammu was instructed to restore her services to the original position. Consequently, she was again put in the position of ad hoc Lower Division Clerk. However, vide letter No. A -12026/1/76 Estt. VII dated 29.7.1988 her case for regularization was not accepted by the DOPT, New Delhi and, instead, the Superintending Engineer, Chenab Investigation Circle, CWC, Jammu was directed to rehabilitate her in an equivalent post in work charged establishment. Accordingly, the services of petitioner as adhoc Lower Division Clerk were terminated vide Order No. CIC/PF/ 326/80/2115 -54 dated 4.8.1988.

(2.) AFTER the said termination of services, the petitioner was re -engaged as Work Assistant (Work -Sarkar Grade -II) on adhoc basis under work charged establishment on 59 days basis vide order dated 3.10.1988. Thereafter, she continued to serve for different spells of 59 days with a break of one day.

(3.) FOR seeking regularization of her services, the petitioner filed SWP No. 1067/96 in this Court, which was disposed of on 17.7.2000 in the following manner: