$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 651/2023 & CM APPLs. 2521/2023, 15294/2023 DIVAKAR NANDAN .....Petitioner Through: Mr. Sarvesh Rai, Mr. Shadab Khan, Advocates.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Jagdish Chandra, CGSC with Ms.

Maanya Saxena, Mr. Siddharth Bajaj, Advocates for R-1.

Mr. C. Mohan Rao, Senior Advocate with Mr. Atul Batra, Mr. Kundan Kumar Mishra, Mr. Lokesh Sharma, Advocates for R-2 & 3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 19.01.2026

1. This petition under Article 226 of the Constitution assails a termination notice dated 16^th December, 2022 issued by Mother Dairy Fruit and Vegetable Private Limited (Respondent No. 3). The Petitioner also seeks a declaration that Clause 5(b) of the appointment letter dated 1^st April, 2010, which permits termination by either side on three months’ notice or salary in lieu thereof, is unconstitutional and void.

The background

2. The Petitioner was appointed as Scientist-I in the R&D Division of Respondent No. 3 with effect from 1^st April, 2010. The appointment letter contemplated an initial probation. The appointment letter further recorded the age of superannuation as 58 years and