LAWS(CA)-2006-8-7

RAJ KUMARI D/O SHRI PYARE LAL VERMA Vs. UNION OF INDIA

Decided On August 02, 2006

JUDGEMENT

(1.) BY this OA, applicant has challenged order dated 13.8.2004. She has also sought direction to the respondents to reinstate the applicant in service with full back wages, etc.

(2.) It is submitted by applicant that she was appointed as Substitute Bunglow Khalasi-cum-Telephone attendant in the pay scale of Rs.2550-3200. She was attached with Shri Amrish Gupta, Dy. CMO, Headquarters, Baroda House. She joined on 13.3.2003. She was declared temporary Railway servant vide order dated September, 2003 where after she was allowed the facility of pass P.T.O. leave, increment, PF and medical facilities.

(3.) IT is submitted by applicant that she was admitted in Hospital as she was unwell, therefore, she gave an appeal also against her termination but of no avail. She has challenged her termination on the ground that she could not have been terminated without holding an enquiry and without serving one month�s notice. In the impugned order, it was stated that applicant would be paid one month�s salary but no payment has been made, thus termination is bad in law. Moreover, she was entitled to rights and privileges as admissible to temporary Railway servant, as stipulated under Para 1515 and 2005.