ARDHENDU BIKAS MITRA Vs. CENTRAL MANAGER S E RLY
HIGH COURT OF CALCUTTA
ARDHENDU BIKAS MITRA
CENTRAL MANAGER S E RLY
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(1.) THIS Rule is directed against the order of termination of service of the petitioner, who used to serve the south Eastern Railway.
(2.) IT is not disputed that the petitioner is a qualified medical practitioner holding the degree of M. B. B. S. He was appointed as an Assistant Surgeon, Grade II, in the scale of pay Rs. 100-8-140-10-170-E. B.-10-300/- with a starting salary of Rs. 150/ -. The appointment was temporary appointment and two of the conditions of appointment were:
Condition 2. "all appointments will be made on probation for one/two years. . . . . . . . . . . . . . . . . . . . . . . . . . " condition 3. "it must be clearly understood that the appointment is terminable on 14 days' notice on either side except that no such notice is required if the termination of service is due to the expiry of the sanction to the post you hold or on return to duty of the absentee in whose place you may be engaged, in such case your service will automatically terminate from the date of expiry of the sanction or from the date the former resumes his duty as the case may be. Also no such notice will be required if the termination of service is due to your mental or physical incapacity or to your removal or dismissal as a disciplinary measure after compliance with the provision of Clause (2) of Article 311 of the constitution of India. "
(3.) ON the aforesaid terms and conditions the petitioner joined the service sometime in the month of October, 1955. While serving in that post, the petitioner appeared at a departmental examination and passed. As a result of his performance in the examination, he was approved for being placed in the panel of Assistant Surgeons, Grade I, in the pay-scale of Rs. 260500/ -. After the selection, the petitioner was transferred to raipur as an Assistant Surgeon, Grade I, sometime in June, 1957.;
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