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1978 Supreme(Cal) 143

G.N.Ray
Maheswar Thakur – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
R.N.Das, S.K.Roy Chaudhary, S.N.Ganguly,

JUDGMENT

1. THE petitioner in the instant Rule was engaged as a casual Porter on a daily rate of Rs. 2/-vice Khudu Ram Misir expired. On completion of six months as Casual labourer, the petitioner was given a scale of Rs. 70-85/ -. The selection test was held by the Recruitment Selection board for regular absorption of the porter but the petitioner was not selected by the said Board. The assistant Personal Officer, Headquarter thereafter issued a Memo terminating the service of the petitioner with 30 days notice and it was stated in the said notice that the said order of termination would take effect from May 14, l968. Before the expiry of the said period of notice the petitioner challenged the legality and validity of the order of termination in a Writ proceeding before this Court whereupon a Rule being Civil Rule No. 4878 (W) of 1968 was issued. The aforesaid Rule was ultimately discharged by this Court on January 18, 1973 and the petitioner preferred an appeal to this Court against the said judgment discharging the Rule being F. M. A. No. 191 of 1973. An interim order was passed in the said Rule, as a result of which the Railway authorities could not give effect to the said orde





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