SWARAN SINGH Vs. NAGAR PARISHAD, KOTA

JUDGEMENT

(1.) This writ petition involves question of great academic and constitutional importance as to whether an employee who was, though appointed on temporary basis for a short duration but his services were subsequently extended and regularised by the Department on completation of more than 240 days of service, whether-it will be just and proper to terminate the services of such an employee, who was subsequently regularised in service by the Department and thus having become a regular employee of the Nagar Parishad, whether the services of such an employee could be terminated subsequently at a much later stage on the ground that he was found lacking in requisite qualification and was also overage? Whether at one stage the employee was considered so efficient that he was transferred to City Transport Service in place of Junior Engineer, whether such a candidate can be non-suited by the appointing authority at a much later stage on the ground that the employee d eo s- not have the requisite qualifications for appointment on the post of Mechanic? Whether doctrine of waiver and promissory estoppel would not be attracted and made applicable to such type of cases?.

(2.) The facts giving rise to the filing of this writ petition, briefly stated, are that the petitioner was appointed as a Mechanic in the Nagar Parishad, Kota(respondent herein) on 9-11-74 for a period of 28 days and thereafter his services were extended from time to time by giving temporary breaks of every 28 days.

(3.) That prior to his appointment as a Mechanic with the respondent the petitioner had also worked on the post of Mechanic in Punjab Roadways and Bhakra Dam etc. and had gained sufficient experience as per the certificates issued by the concerned authorities vide Annex-1 and 2 respectively.