JUDGEMENT
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(1.) These are the two intra-court appeals preferred by both the parties challenging the judgment dated 27.09.2011 rendered by the learned Single Judge in CWP No. 6522 of 1986.
(2.) The brief factual matrix, which requires to be noted to understand the controversy, proceeds as follows:
Shri Brij Behari Lal Nirwani, appellant in LPA No. 2370 of 2011 (hereinafter referred to as the "employee") was appointed as Chartered Accountant by the Haryana State Agricultural Marketing Board, appellant in the other appeal (hereinafter referred to as the "Board"). Pursuant to the selection made on the basis of advertisement Annnexure P-19, the appointment letter dated 16.05.1980 was issued to the employee containing terms and conditions of the appointment. Para 1 thereof states that the appointment was purely temporary and services were terminable on one month's notice. It was stipulated therein that appointment of the employee will be governed by the Rules and Regulations and other conditions of the service would be applicable as may be framed by the Board from time to time. The services of the employee were, however, terminated vide office orders dated 15.01.1985 and this office order reads as under:-
"Consequent upon the abolition of the post of Chartered Accountant by the Board, the services of Sh. B. B. Lal Nirwani, Chartered Accountant, are no longer required and the same are hereby terminated with immediate effect as received by Board vide supplementary resolution No. 5 dated 11.01.1985.
Sh. B. B. Lal Nirwani, is also paid one months salary in lieu of one month notice as per terms and conditions of his appointment. "
(3.) As is clear from reading of this order, reason given for the termination of the services was that the post of Chartered Accountant in the Board, against which the employee was appointed, had been abolished and for this reason, services of the employee were no longer required. The employee challenged this termination by filing the aforesaid writ petition, out of which present appeals arise.;
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