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Judgment
Heard Mr. Rajendra Singh Negi, learned counsel for the petitioner, Mr. Lalit Sharma, Central Government Standing Counsel for the Union of India and perused the records.
Petitioner was initially engaged as Labour in 65 Road Construction Coy, General Reserve Engineer Force (GREF), in November, 2006. Subsequently, he was engaged as Driver in December, 2010, however, his services were terminated without any notice or opportunity w.e.f. 06.10.2012. According to the petitioner, his work and conduct was above board and termination of service was arbitrary and illegal.
A counter affidavit has been filed by the respondents in which it has been stated that petitioner''s engagement was for a term of 179 days and his services were liable to be terminated without any notice. Relevant extract of the counter affidavit is quoted below:-
"According to the terms and conditions for recruitment of CPLs as laid down in the Govt. of India letter No. F.4(91)/BRDB/61 dated 31 July 1962, the CPLs are engaged for a maximum period of 179 days. Their services can be terminated without notice at any time. However, the CPLs can be re-engaged, if they are willing depending upon the workload. It is contended that re- engagement of the CPLs is depend upon the discretion of the authorities and requirement of the workload and performance of individual."
It is the submission of learned counsel for the petitioner that work and post of Driver is available in 65 Road Construction Coy, GREF, therefore, petitioner''s claim ought to have been considered by the concerned authority.
Sri Lalit Sharma, learned Central Government Standing Counsel very fairly submits that if petitioner makes a representation to the Competent Authority then his claim shall be considered sympathetically.
Accordingly, the writ petition is disposed of with liberty to the petitioner to make a representation to the respondent No. 5 - Officer in Command, 65 R.C.C., (G.R.E.F.) C/o-56 APO within two weeks from today. If such a representation is made, Officer in Command shall look into the matter and pass a reasoned and speaking order, in accordance with law, within six weeks thereafter.