Point of Law: Order of oral Termination - Quash of - Competent Authority shall examine the matter and pass appropriate order at the earliest.

JUDGMENT :

1. Petitioner was appointed on contract basis by respondent no. 2 on the post of Accounts Clerk in the year 2005. According to the petitioner, he has been serving continuously ever since 2005, therefore, according to him, he is now entitled to be considered for regularisation on the said post.

2. It is the case of the petitioner that his services have been dispensed with by an oral order w.e.f. 02.04.2021. Thus, feeling aggrieved, petitioner has approached this court seeking following reliefs:-

(i) Issue writ, order and direction in the nature of certiorari to quash the impugned oral termination order dated 02.04.2021 after calling the record.

(ii) Issue writ, order or direction in the nature of mandamus directing the respondent authority to allow to the petitioner to continue in the service and also directing to them renew the contract of petitioner services and also regularize him on the post of CSD Acct. CLK for IBEX CSD Canteen in HQ 9(I) MTN BGE GP in which he is working from 2005.

3. Mr. Pankaj Chaturvedi, learned Central Government Standing Counsel appearing for Union of India, on instructions, submits that on 18.03.2021 fresh selection for appointment on contract basis as Accounts Clerk was held in which petitioner also participated, however, petitioner could not qualify in the said examination. He further submits that the candidates, who were declared successful, are to be appointed as Accounts Clerk. He has referred to one communication dated 21.04.2021 issued by Colonel, Officiating OCTps, which is enclosed as annexure No. 7 to the writ petition. Para 8 of the said communication is reproduced below:-

“8. In view of the above you are requested to wait for the declassification of the Board of Officers for the list of selected candidates. In case you are selected you would be contacted by the concerned staff.”

4. After arguing for a while, learned counsel appearing for the petitioner confines his prayer and submits that in view of the long services rendered by the petitioner with the respondents, petitioner may be permitted to make representation, claiming regular appointment/regularisation on the post of Accounts Clerk, to the Competent Authority and the Competent Authority be directed to take decision on petitioner’s representation.

5. Mr. Pankaj Chaturvedi, learned counsel for the Union of India assures the Court that if petitioner makes any representation, the Competent Authority shall examine the matter and pass appropriate order at the earliest.

7. In such view of the matter, the writ petition is disposed of with liberty to the petitioner to make representation to respondent no. 2 within ten days from today. If such representation is made within stipulated time, respondent no. 2 shall consider the same and take appropriate decision by passing a speaking order, in accordance with law, within a period of four weeks from the date of receipt of such representation.