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2012 Supreme(Del) 1420

BADAR DURREZ AHMED, V.K.JAIN
Dharmendra Kumar – Appellant
Versus
Commissioner Kendriya Vidyalya Sangathan – Respondent


Advocates appeared:
For the Petitioners:Saurabh Kansal, Rajesh Kumar, Advocates.
For the Respondent:S. Rajappa, Advocate.

JUDGMENT :-

Badar Durrez Ahmed, J.

Oral:

CM No. 6147/2012

Allowed, subject to all just exceptions.

WP(C) 2843/2012

1. This writ petition is directed against the order dated 23.03.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No. 760/2011. The petitioner had filed the said original application challenging the termination letter dated 16.09.2010 which was a termination of his services simpliciter in terms of paragraph 5 of his appointment letter dated 27.07.2009.

2. The petitioner was offered appointment to the post of Trained Graduate Teacher (TGT) Social Science by virtue of the said appointment letter dated 27.07.2009. One of the conditions stipulated in the said appointment letter was set out in paragraph 5 thereof which reads as under:-

“5. During the probation and thereafter, until he/she is confirmed, the services of the appointee are terminable by one month notice on either side without any reason being assigned, therefore. The appointing authority, however, reserves the rights to terminate the services of the appointee before expiry of the stipulated period of notice by making payment of such amount equivalent to the pay & allowances f















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