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2004 Supreme(SC) 969

K.G.BALAKRISHNAN, B.N.SRIKRISHNA
DHARMA NAND – Appellant
Versus
UNION OF INDIA – Respondent


ORDER

1.This writ petition is filed under Article 32 of the Constitution of India.

2. The petitioner Dharma Nand was appointed on 28-3-1988 as salesman

at Station Canteen, Kotdwar, Garhwal Rifles Regimental Centre, Lansdowne, V.P. and the second petitioner Dayal Singh was appointed on 15-9-1988 at the same canteen. Both of them were being paid consolidated amount of Rs 550 per month. Later, on 7-4-1989 their remuneration was enhanced to Rs 750 per month and they were appointed as salesmen in Golden Fish Canteen, Kotdwar and they were promoted as Storekeepers In-charge on 1-91995 and their remuneration was enhanced. In December 1998 the first petitioner was terminated from the service and he was informed that he had completed 5 years tenure, and his service was no longer required. Similarly, the service of the second petitioner was also terminated. The counsel for the petitioners submits that these petitioners had been working as canteen employees under the control of the Defence Ministry and in view of the decision of this Court in Union of India v. M. Aslami they should have been treated as Central Government employees and their termination was illegal. In that case the question a












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