MOTILAL KHAIRATILAL SHARMA Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit impugning the order for termination of the plaintiff's services on account of infringement of the statutory rule governing the conditions of service requiring the railway to make payment of the salary for the notice period where notice for termination of service was not desired to be given by the appointing authority.

(2.) THE appointment offered to you is temporary and your services are liable to be terminated on 14 days notice or pay in lieu thereof. You will be considered for appointment in a permanent post on completion of a prescribed period of probation. You will have to conform all rules & regulations applicable to Government Railway employees

(3.) THE plaintiff then went up in appeal to the court of the District Judge, Jaipur District, Jaipur. The learned District Judge affirmed the finding of the first court. He held that the plaintiff was only a temporary employee appointed as a substitute for another and therefore the order of termination of the plaintiff's services could not be considered illegal. He repelled the contention that even without any order of confirmation the plaintiff could be deemed to have been confirmed automatically because the period of probation had expired. In the result the learned District Judge found that the order of termination of the plaintiff's service is unassailable and accordingly he dismissed the appeal. It is in these circumstances that the plaintiff has come in further appeal to this Court.