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2016 Supreme(Del) 176

SANJIV KHANNA, NAJMI WAZIRI
PRADEEP GARG – Appellant
Versus
DIRECTOR, ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) – Respondent


Advocates Appeared:
Mr. Rajeev Awasthi, Advocate.
Mr. R.K. Gupta, Advocate.

JUDGMENT :

SANJIV KHANNA, J.

Dr. Pradeep Garg vide letter dated 8th August, 2002 after due selection was appointed as an Assistant Professor (Obstetrics and Gynecology) at the All India Institute of Medical Sciences, Delhi in the pay scale of Rs.11625-325-15200 plus non-practising allowance and usual allowances as admissible to Central Government Servants. The appointment was on an ad hoc basis for a period of three months from the date the petitioner would assume charge or till regular appointment was made, whichever was earlier.

The letter records the terms and conditions of employment. Clause (3) of the letter stipulated:-

“3. Other conditions of service such as benefits of provident fund, leave etc. will be in accordance with the rules and regulations of the Institute.”

Clause 6 of the letter mentions that the petitioner would be eligible for grant of house rent allowance as admissible to the Central Government servants of his status provided he would apply for institute accommodation and the same was not provided to him. The terms postulated that the petitioner could resign by giving one month notice or by depositing pay and allowances for the period by which the notice falls
















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