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1997 DIGILAW 554 (DEL)

PREM CHAND GUPTA v. MANAGEMENT OF MCD

1997-07-15

MAHINDER NARAIN, S.K.MAHAJAN

body1997
Mahinder Narain, J. (Oral) ( 1 ) PREM Chand Gupta, appellant before us, was employed with M. C. D. and was appointed on temporary basis as Section Officer. He was offered a temporary post of Section Officer (Civil) by letter dated 5. 5. 1964. The terms and conditions of the employment mentioned in the reverse of the said order. He was to render one year s satisfactory service before he could be fixed on a permanent post if the same was available. ( 2 ) THE post against which the appellant was appointed was sanctioned for a limited duration which was to expire on 31. 8. 1964. On 1. 8. 1964, the appellant was informed that his services were no longer be required with effect from 1. 9. 1964. ( 3 ) THE appellant was again appointed and posted with effect from 1. 10. 1964 against a vacant post caused by the termination of services of another employee. Thereafter decision was taken by the Corporation to abolish the post of Section Officers in Building and Factories Department and the appellant was served with a notice dated 27. 2. 1965 that his services were no longer required after 31. 3. 1965. ( 4 ) AS it was found that there were some vacant posts in the Superintending Engineer s office under Water Supply and Sewage Disposal Undertaking of the Corporation, the appellant, along with other, was posted there with effect from 1. 4. 1965. The Water Supply and Sewage Disposal Undertaking placed the services of certain officials back with the General Wing of M. C. D. by an office order dated 25. 6. 1965. ( 5 ) THE appellant received a notice dated 28. 1. 1966 under Rule 5 of the C. C. S. (Temporary Service) Rules, 1949, that his services will be terminated with effect from the date of expiry of one calendar month from the date of the service of this notice on him. The appellant, however, continued to work in the post for some time. ( 6 ) BY means of letter dated 26/29. 4. The appellant, however, continued to work in the post for some time. ( 6 ) BY means of letter dated 26/29. 4. 1996 issued under Rule 5 of the C. C. S. (Temporary Service) Rules, 1949, it was informed to the appellant that the services of the appellant would be terminated with effect from the date of service of that order and the he will be paid the sum equivalent to the amount of his pay plus allowances of one month which was period of the notice due to him. The said impugned notice of termination under Rule 5 of C. C. S. (Temporary Service) Rules, 1949, read as under: ANNEXURE P/12 MUNICIPAL CORPORATION DELHI (BUILDING DEPARTMENT) O. O. NO. 319/bldg/estt/66 Dated:26. 4. 1966