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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 04 .05.2021

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W.P. (C) 1010/2019, CMs No. 852/2020, 4583/2019, 4584/2019

and 28312/2019

PRADEEP KUMAR SINGH

..... Petitioner

Through: Mr. M.Shoeb Alam,

Mr. Amit K. Ranjan, Mr. Puspraj Singh Parihar

and Mr. Mojahid Karim Khan, Advocates

versus

UNION OF INDIA & ANR

..... Respondents

Through:

Mr.

Sudhir

Nandrajog,

Senior

Advocate with Mr. Kunal Sharma and

Mr. Shubhendu Bhattacharyya, Adv. for R-2

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J.

1.

Petitioner herein lays a challenge to an order dated 29.12.2018

whereby, his services have been terminated on the ground of unsuitability

during probation period from the post of General Manager (HR). A writ

of Mandamus is sought directing Respondent No. 2 to reinstate the

Petitioner with full back wages and consequential benefits from the date

of termination along with the declaration that Clause 2(a) of the letter of

appointment dated 22.07.2017 is not applicable to the Petitioner, being a

permanent employee of Respondent No. 2.

2021:DHC:1516

Case of the Petitioner

2.

Petitioner having completed Masters Degree in Science, two year

Post Graduate Diploma in Personnel Management and L.L.B, joined Coal

India Limited (hereinafter referred to as „CIL‟), a Central Public Sector

Enterprise (hereinafter referred to as „CPSE‟) in the year 1994 and

rendered a long unblemished service therein for a period of 23 years.

During the said period, he acquired further Degrees and obtained

trainings in different Management and Administrative programmes, apart

from vast experience in HR Department of Mines, Administrative

Departments of

Area

Headquarters,

Vigilance

Departments of

Headquarters, etc., details of which have been elaborated in the writ

petition. Petitioner was an outstanding performer and performed his job

with utmost dedication, which is reflected in his ACR dossiers.

3.

While working in CIL, Petitioner came across an advertisement

issued by Respondent No. 2/Central Electronics Limited (hereinafter

referred to as „CEL‟), another CPSE, for various Posts, including one

Post of „Executive Director/General Manager-HR‟ in Grade-E9/E8.

Through the advertisement, applications were invited from candidates

employed in Central/State Government, Autonomous Bodies, Public

Sector Units/Government CPSEs through proper channel or on

submission of „No Objection Certificate‟, apart from employees of the

private sector.

4.

Being aware of the applicable Guidelines, provisions of the various

OMs issued by DoPT/DPE, etc., whereby the Petitioner would be entitled

to pay protection and other benefits like earned leave, superannuation

benefits, gratuity, etc., including appointment on permanent absorption,

2021:DHC:1516

Petitioner applied for the Post of GM/ED (HR), through proper channel

and furnished NOC, as required. On being recommended by a duly

constituted Selection Committee, Petitioner was offered appointment,

vide offer letter dated 22.07.2017.

5.

As per the terms and conditions in the offer letter, Petitioner was

entitled to pay protection along with Dearness Allowance and other

admissible benefits, from time-to-time. Clause 2(a) of the letter stipulated

that the Petitioner would be on probation for a period of one year or until

confirmation, in writing and during the probationary period, his services

were liable to be terminated, without notice and without assigning any

reason whatsoever.

6.

On receiving the offer letter from CEL, Petitioner submitted

technical resignation to the erstwhile employer, i.e., CIL and on being

relieved on 17.10.2017, joined CEL on 18.10.2017, as GM (HR). On

20.10.2017, Petitioner took charge as GM (HR) and was also given

additional charge as Factory Manager.

7.

Over the next couple of months, Petitioner, with his vast HR

experience, helped in settling Biparti