TEJINDER SINGH DHINDSA,J. - (1.) Petitioner who was serving on the post of Executive-I on contractual basis with the Haryana Overseas Placement Assistance Society (to be referred as "Society") has challenged in the instant petition the order dated 19.05.2015 (Annexure P-9) whereby her services have been terminated.
(2.) Mr. Sunil Nehra, learned counsel appearing for the petitioner would contend that engagement of the petitioner on the post in question was in the year 2010 and she had completed 05 years of satisfactory service and without there being any complaint with regard to her work and conduct, services have been terminated in an arbitrary fashion. It has been contended that services of an employee who has worked for a sufficient period of time cannot be dispensed with on the ground that at the time of initial entry into service such employee did not possess the requisite qualifications. In this regard, reliance has been placed upon judgments of the Hon'ble Supreme Court of India in Bhagwati Prasad and others v. Delhi State Mineral Development Corporation 1990 (1) SCC 361 and Gujarat Agricultural University v. Rathod Labhu Bechar, 2001(2) S.C.T. 394 : 2001 (3) SCC 574. Counsel has also adverted to a document placed on record at Annexure P-12 to assert that in pursuance to a representation having been submitted by the petitioner seeking cancellation of the termination order, the Executive Officer of the Society had recommended that the petitioner be taken back on duty as Executive-I keeping in view her clean record and satisfactory service.
(3.) Counsel for the petitioner has been heard at length.;