9911796707
TMI Blog1994 (12) TMI 351X X X X Extracts X X X X X X X X Extracts X X X X ..... me one Shri K.P. Thakur was the Managing Director of the appellant-company who by an order dated 6.7.89 Annexure-D appointed the respondents No. 1 to 3, namely, Devendra Kumar Jain, Dilip Goel and Promod Mishra as temporary Jr. Manager and by subsequent two orders both dated 8.6.89 (Annexure-E/l and 2) appointed the respondents No. 4 and 5, namely, Mehboob Hussain and Liaquat Judgment dated December 7, 1994 in C.A. No. 8923 of 1994 (Arising out of S.L.P.(C) No. 3023/94) Mohd. Khilzi as temporary Junior Managers in the appellant-company. Soon after their appointment the appellant-company noticed that the aforesaid appointments of respondents No. 1 to 5 were made by the then Managing Director, Shri K.P. Thakur in contravention of the Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely on temporary basis which is evident from the order of their appointment. The first order dated 6.7.89 Annexure-D by which the respondents No. 1 to 3 were appointed reads as follows: Bhopal: 6.7.89 ORDER The following persons are appointed to the post of Junior Manager in the Pay Scale of 1290-30-1560-40-2040 from the date of taking over, till further orders temporarily and are posted to the Headquarters: 1. Shri D.K. Jain 2. Shri Pramod Mishra 3. Shri Dilip Kumar Goyal 2. Employee has to submit Medical Fitness Certificate from Civil Surgeon of the District. 3. Dearness Allowance and other facilities according to the rules of the Corporation shall be payable. Above appointments are purely temporary and are li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d or appointed as a permanent servant. In the present case there is no rule under which the respondents may be deemed to have become permanent by force of such rule nor they were so declared by any subsequent order of the appellant-company to have acquired that status. On the contrary the respondents all along continued to be temporary and according to the terms of the order of appointment their services could be terminated at any time without any notice or assigning any reasons. In such a case it is not necessary to follow the formalities contemplated by Article 311 of the Constitution. In these facts and circumstances the High Court was not right in holding that the respondents were entitled for being heard before passing the said order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid project will be made without the approval of the Board of Directors of M.P. Hasta Shilpa Vikas Nigam Limited and passed the order to that effect which has been filed as Annexure-B in this appeal. But it appears that the High Court ignored the said order of the State Government while observing that no material in support of the contention that the Government has issued instructions not to make appointment was produced by the appellant. 8. It is not worthy that Shri K.P. Thakur, the then Managing Director himself was retiring on 31.7.89 and in hot haste he issued the orders of appointment of the respondents on 6.7.89 and 8.6.89 inspite of the instructions of the State Government to the contrary. In these facts and circumstances the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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