JYOTI Vs. DISTRICT AND SESSIONS JUDGE, RUPNAGAR

JUDGEMENT

(1.) The petitioner was appointed as Stenographer Grade-III in the Sessions Division, Rupnagar by order dtd. 12/8/2013. There were three conditions in the appointment letter which are of relevance to the controversy, that is, (i) that the appointment is purely on temporary basis and her services are liable to be terminated at any time without any notice and without assigning any reason thereof; (ii) In case, she submits her resignation from service, she would have to give one month's notice or in the alternative to deposit one month's salary in lieu thereof; and, (iii) she would be on probation for two years.

(2.) The petitioner applied through proper channel to compete for the post of Senior Scale Stenographer advertised in the High Court. She was selected in open merit and offered appointment while she was still on probation in the Sessions Division, Rupnagar. She accepted the offer and joined the services on the establishment of this Court. She was asked to submit her resignation or in the alternative to deposit one month's salary before she was relieved. It is not disputed that she had not served one month's advance notice to the competent authority in the Sessions Division, Rupnagar.

(3.) She had to deposit one month's salary in lieu of one month's notice amounting to a sum of Rs.28, 904.00 with the office of the Sessions Court at Rupnagar.