CHAIRMAN V O CHIDAMBARANAR PORT TRUST & ORS Vs. CAPT PAUL NADAR BENNET SINGH
LAWS(SC)-2018-12-67
SUPREME COURT OF INDIA
Decided on December 06,2018

Chairman V O Chidambaranar Port Trust And Ors Appellant
VERSUS
Capt Paul Nadar Bennet Singh Respondents

JUDGEMENT

R. Banumtahi, J. - (1.) Leave granted.
(2.) This appeal arises out of the judgment and order dated 10.04.2017 passed by the High Court of Madras at Madurai in W.A. (MD) No. 914 of 2015 in and by which the High Court has set aside the order of termination of the respondent and directed reinstatement with back wages giving liberty to the appellants to examine the validity of the certificates possessed by the respondent by providing him an opportunity of personal hearing.
(3.) In response to the advertisement issued by the appellants-Port Trust for the post of pilot officer, the respondent applied for the same. The respondent attended the interview for the post of Pilot Officer on 19.03.2008 and he had become successful. By proceeding dated 08.04.2008, the respondent was appointed to the post of Pilot Officer in the appellants - Tuticorin Port Trust. As per appointment order, the appointment of the respondent is on regular basis as seen from the following: "Capt. Paulandar Bennet Singh is offered an appointment as Pilot on regular basis in the Tuticorin Port Trust in the scale of Pay of Rs. 1450-350-18700. He will be eligible for the usual allowances as admissible under the rules and orders in force from time to time. 2. The terms and conditions of appointment are as follows: (i) He should execute a bond to the effect that he will serve at least for two years as Pilot on Tuticorin Port Trust. (ii) The appointment is temporary but is likely to continue indefinitely. This is further subject to the conditions that he should qualify in the examination for issue of Pilot License to perform the duties of Pilot in TPT as per Tuticorin Port (Authorization of Pilots) Regulations, 1979. As per the appointment order, the respondent has to execute a bond to the effect that he would serve at least for two years as Pilot in Tuticorin Port Trust. From the language and the tenor of the said appointment letter it is patently clear that the appointment was a regular appointment against a permanent post which was to continue subject to the respondent qualifying in the examination of Pilot licence. The appointment was subject to the condition that the respondent would not be able to leave his job before expiry of two years from the date of his appointment.;


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