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2006 Supreme(SC) 21

P.K.BALASUBRAMANYAN, S.B.SINHA
MUNICIPAL COUNCIL, SAMRALA – Appellant
Versus
RAJ KUMAR – Respondent


ORDER

1. Leave granted.

2. The respondent herein was an employee of the appellant. On or about 12 - 7 - 1994, an agenda of a meeting was placed before the Municipal Executive Council being Agenda No. 143, which is in the following terms:

"As per the guidelines of the Government, the Municipal Council had required a clerk on contract basis immediately as in the octroi branch, one post is vacant and two employees are already on leave: for the engagement of Shri Raj Kumar s/o Shri Nathu Ram r/o Samrala who had already worked under the Municipal Council @ Rs 1000 p.m., till it deems necessary."

3. The said proposal came to be accepted by the Executive Council. C Pursuant thereto the respondent herein was appointed as a clerk on contract basis on a monthly salary of Rs 1000. In the offer of appointment it was specifically averred that "his services will be availed till it is considered as fit and proper and necessary. After that his services will be dispensed with".

4. The respondent affirmed an affidavit inter alia stating:

(1) That I am engaged as clerk on contract basis by the Municipal Council, Samrala @ Rs 1000 p.m. from 24 - 6 - 1994.

(2) That I am ready to do whatsoever job or de



























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