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2015 Supreme(Gau) 754

T.VAIPHEI, P.K.SAIKIA
Chairman & Managing Director,Pawan Hans Helicopter Ltd. – Appellant
Versus
Colonel Mukul Kumar Gogoi (Retd. ) – Respondent


Advocates Appeared:
For the Appellants : Mr. A. D. Choudhury, :Mr. A. Dhar, Advocates
For the Respondent:Mr. K. N. Choudhury, Sr. Counsel Mr. R. M. Deka, Advocates

JUDGMENT :

P.K. SAIKIA, J.

1. This appeal is directed against the judgment dated 03.05.2013, rendered by the learned Single Judge in WP(C) No. 191/2013, quashing the order dated 06.06.2011, whereby the appellant herein terminated the service of the writ petitioner in WP(C) No. 191/2013 (who is respondent herein).

2. Being aggrieved by and dissatisfied with, the respondent therein has preferred this appeal contending that the judgment under challenge is unsustainable.

3. We have heard Mr. A. D. Choudhury, learned counsel for the appellants and also heard Mr. K. N. Choudhury, learned counsel for the writ petitioner.

4. The facts necessary for disposal of the present appeal, in short, are that by the order dated 01.12.2010, passed by the Deputy General Manger (P&HRD), Pawan Hans Helicopters Limited, a Govt. of India Enterprise, (in short, PHHL), the petitioner was offered the post of Helicopter Pilot as Captain. Petitioner was required to report the General Manager, Western Region for joining there w.e.f., 01.02.2011. It was stated in the appointment order that the petitioner would be on probation for a period of 1 (one) year from the date of joining.

5. Though it was stated in Clause-2
















































































































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