2002 Supreme(Raj) 1871
SHIV KUMAR SHARMA
Narendra Kumar Gupta – Appellant
Versus
State of Rajasthan – Respondent
Judgement Key Points
Key Points:
- The writ petition is held maintainable and the oral termination set aside with reinstatement and arrears (!) (!) .
- The case emphasizes adherence to natural justice principles in termination cases (!) (!) .
- The judgment references and discusses the Dara Singh v. Municipal Board Kaman and Dara Singh principles on maintainability and excusable discretion when alternative remedies exist (!) (!) - (!) .
What is the maintainability of a writ petition challenging verbal termination where alternative remedies exist?
What are the natural justice requirements in termination cases as affirmed by the judgment?
What are the circumstances under which a writ petition can be entertained despite availability of alternative remedies?
JUDGMENT
1. - In the instant writ petition the petitioner has made prayer to quash the verbal termination order dated December 3, 1997 and a further direction to regularise the service of the petitioner on the post of Junior Engineer (Civil) in the Municipal Board, Gangapurcity w.e.f. initial appointment and consequential benefit thereof.
2. The facts as averred in the writ petition depict that the Municipal Board Gangapurcity published an advertisement on January 4, 1992 and the petitioner applied for the post of Junior Engineer (Civil) and after interview he has given appointment vide order dated January 30, 1992. The petitioner worked on the post of Junior Engineer upto August 21, 1995 but he was given salary only upto August 1992. The petitioner requested the authorities to pay the salary of the aforesaid period but he was given only assurance that he will be given salary after approval from the Director. The Chairman Municipal Board, Gangapurcity made recommendation to the Director Local Self Bodies Department to regularise the service of the petitioner as Junior Engineer by his communication dated May 17, 1995. The petitioner further averred that he was allowed to work on the
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