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2012 Supreme(Del) 1051

PRADEEP NANDRAJOG, SIDDHARTH MRIDUL
Juliana Loieau – Appellant
Versus
British High Commission – Respondent


Advocates Appeared:
For the Appellant:Joy Basu with Sumant De, Advocates.
For the Respondents:Vibhu Bakhru, Sr. instructed by P.Nagesh, Advocates.

Judgment :

PRADEEP NANDRAJOG, J.

1. Vide Ex.P-1, dated October 08, 1982, the appellant was offered appointment as a Nurse, Grade-III at the British High Commission Hospital by the British High Commission.

2. Clause 3, 5 and 6 of Ex.P-1 read as under:-

“3. The appointment is temporary and is subject to 12 months?probation. It carries no right to permanent appointment or promotion nor to pension or gratuity on its termination. The appointment may be terminated on or before the completion of the probationary period without notice or cause assigned. Thereafter it may be terminated by one month?s notice in writing on either side.

xxxx

5. On completion of one year of service, or such extended period as the High Commissioner may require, you will become a member of the British High Commission India Staff Provident Fund, a copy of the Trust Deed and Rules whereof is attached.

6. i. At the discretion of the High Commissioner you will be paid a terminal gratuity calculated on the following basis should your appointment be terminated:

(a) On death -After 1 year?s service, 15 days?pay for each year of service or part year of service in excess of 6 months, up to a maximum of 20 months?salary.

(b)










































































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