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Judgment
Mahesh Grover, J.—This order will dispose of above said two writ petitions i.e. C.W.P. Nos. 8255 and 7175 of 1998. The grievance of
the petitioner is that by virtue of Annexure P-9, her services have been terminated unlawfully and without resorting to the process of law which was
required to be followed in the cases of the employees in regular employment.
Annexure P-9 would indicate that the petitioner was working in a Branch of the Hospital known as. Hospital Welfare Section of Red Cross and
the post which was occupied by her had been abolished on account of financial constraints. The petitioner alleged in para 17 of the petition that
certain Class IV employees who were appointed subsequent to her appointment have been retained while the services of the petitioner have been
terminated.
Reply to this para indicated specific denial that no Class IV employee has been recruited in the Hospital Welfare Section of the Red Cross.
After considering the matter, I am of the opinion that the employer is certainly within his right to terminate an arrangement of employment in the
event of a post becoming surplus on account of financial constraints or managerial difficulties. The employee in this situation can not force
himself/herself on the Employer and insist that employment be given to him/her.
For the aforesaid reasons, I do not find any reason to interfere in the instant writ petition and the same is, therefore, dismissed.
The petitioner has also preferred Civil Writ Petition No. 7175 of 1998 for grant of regular pay scales for the period she had served with the
respondents. The facts revealed that initially the petitioner was appointed on 15.02.1993 on a consolidated salary of Rs. 500/- per month but
subsequently her services were regularized. This fact has not been disputed as has also been revealed in Annexure P-2 that regular post has been
abolished. If that be so then the respondents can not escape from the liability of paying regular pay- scales to the petitioner till the time she had
served with the respondents.
Consequently, this petition is accepted. Respondents are directed to pay regular pay scales to the petitioner with effect from the date her
services were regularized till the date her services were terminated. The arrears shall be paid to the petitioner as expeditiously as possible within a
period of four months from the date of receipt of certified copy of this order. Such arrears shall also carry 9 % interest from the date it becomes
admissible till the date of its realization.