Dr. E. Johnson And Two Ors. vs Salim Ali Centre For Ornithology And ... on 23 August, 2002
DATED : APRIL 28, 2023
It is submitted by Shri Mardikar, learned
Senior Advocate for the petitioner, that the respondent no.1
Society receives grants from the State Government as well
as Central Government. Since it is discharging public
duties and similar activities have been held to fall within
the meaning of "State" in the decision in the case of Dr. E.
Johnson and two others vs. Salim Ali Centre for
Ornithology and Natural History represented by its
Member Secretary, Kalampalayam (P.O.), Coimbatore -
641010 and another (2002 (4) CTC 65), the writ petition
filed under Article 226 of the Constitution of India would
be tenable. The petitioner initially came to be appointed
for managing the general administration of the Project.
Though the initial appointment on 14/8/2012 was on
contractual basis, her services were regularised as
Education Officer on 11/5/2015. As a result, the petitioner
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became entitled to service protection being a permanent
employee. As per Clause 11.2 of the Employees' Service
Rules, her services are liable to be terminated only after
holding of enquiry. Without doing so and by giving notice
of one month on 6/4/2023, the petitioner's services are
sought to be terminated.