M.M.KUMAR, MOHAMMAD YAQOOB MIR
Union of India & Ors. – Appellant
Versus
Sarla Koul – Respondent
1. The instant appeal preferred by the Union of India and its officers under clause 12 of the Letters Patent is directed against the judgment and order dated 17.05.2001. The learned Single Judge allowed the writ petition holding the writ petitioner-respondent entitled to re-instatement. The payment of back wages was restricted to three years preceding the date of filing of the writ petition.
2. Brief facts of the case necessary for disposal of the instant appeal are that an advertisement was issued on 09.06.1966 by the Deputy Director Posts and Tele#31;graphs, J&K Circle Srinagar inviting applications for appointment as Clerks in the Post Offices. The writ petitioner-respondent was appointed on 22.05.1967 by the Divisional Engineer Telegraphs Srinagar to a temporary post of Time Scale Clerk (Annexure P5) after she had undergone training. Later on one month notice for termination of her service was issued vide office letter No. DST/Con/Sarla Koul/7 dated 22.09.1970 in terms of Rule 5 of the Central Civil Services (Temporary Services) Rules, 1965. On the expiry of period of one month the order terminating her services was passed vide Memo No. Q-2043/KW/7 dated 19.10.
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