Punjab-Haryana High Court
Santosh Rani vs The Deputy ... on 10 December, 2013
Bench: Surya Kant, Surinder Gupta
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Letters Patent Appeal No.1977 of 2013(O&M)
Date of Decision: December 10, 2013
Santosh Rani .....Appellant
versus
The Deputy Commissioner-cum-President of the Indian Red Cross
Society and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE SURINDER GUPTA.
Present : Mr.Mukund Gupta, Advocate, for the appellant.
-.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
This letters patent appeal is directed against the order dated 12.09.2013 passed by learned Single Judge whereby the appellant's CWP No.8255 of 1998 seeking reinstatement in service has been dismissed but the connected writ petition filed by her, i.e., CWP No.7175 of 1998 for the grant of regular pay scale for the period she served the respondent-Red Cross Society, has been allowed.
The averments made in the writ petition reveal that the appellant joined the Red Cross Society, Mansa, as a Peon on 15.2.1993 on adhoc basis on a consolidated salary of Rs.500/- per month. Her services were statedly regularized on 11.4.1995 and her pay was also increased to Rs.1000/- per month. However, soon thereafter, the order dated 31.08.1995 terminating the services of appellant was passed. The aforesaid order was successfully challenged by the appellant and Kumar Mohinder 2014.01.09 16:44 I attest to the accuracy of this order Chandigarh LPA No.1977 of 2013 (O&M) [2] pursuant to the directions issued by this Court in CWP No.13347 of 1995, she was reinstated.
Thereafter, the impugned order dated 30.5.1998/1.6.1998 (Annexure P-9) was passed whereby due to poor financial condition of the Hospital Welfare Section of the respondent-Society, the post occupied by the appellant was abolished and consequently her services were terminated with immediate effect. It was stated in the order that the Hospital Welfare Section was left with no source of income as the State Government had imposed ban on the sale of tickets.
The aggrieved appellant challenged the afore- stated order and this Court as an interim measure stayed the operation of that order but on an appeal preferred by the Red Cross Society, Hon'ble Supreme Court vacated the stay. Resultantly, the appellant remained out of service. The writ petition has now been dismissed by learned Single Judge observing that the appellant has got no right to insist for her retention in service with the abolition of post.
We have heard learned counsel for the appellant at some length and gone through the paper book.
It is not the case of the appellant that after terminating her services, any one else has been appointed as a Peon in the Hospital Welfare Section or that the abolished post was later on created, may be with a different nomenclature.
The appellant's contention that the financial condition of the Red Cross Society has improved, even if correct, would not advance her case, for on that basis no direction can be issued to create a post. The creation or abolition of post falls within the domain of the Authority unless on the basis of record the Court comes to the Kumar Mohinder 2014.01.09 16:44 I attest to the accuracy of this order Chandigarh LPA No.1977 of 2013 (O&M) [3] conclusion that abolition of post is to get-rid of the incumbent. No such case has been made out by the appellant. In these circumstances, we are unable to interfere with the order passed by learned Single Judge.
Dismissed.
[SURYA KANT]
JUDGE
December 10, 2013 [SURINDER GUPTA]
Mohinder JUDGE
Kumar Mohinder
2014.01.09 16:44
I attest to the accuracy of this
order
Chandigarh