* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.6728/2010
% February 14, 2013
DHARAMBIR & ORS. ..... Petitioners
Through: None.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Jatan Singh, Adv. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition, the petitioners pray for setting aside of impugned notices dated 1.9.2010 and 6.9.2010 terminating their services, and for further direction for retaining the three petitioners in service against their posts of drivers till their age of attaining superannuation.
2. Counsel for the respondents has drawn my attention to the letter dated 8.1.2007 for creation of posts of members in the office of the National Disaster Management Authority, and as per which letter a driver appointed WP(C) No.6728/2010 Page 1 of 3 for the Member is to have his service which is co-terminus with the tenure of the concerned Member.
3. Learned counsel for the respondents has also drawn my attention to the appointment letters of the petitioners dated 8.5.2006, and all of which specifically state that the appointments of the petitioners are only temporary and the service can be terminated at any time by either side without assigning any reason by giving of one month's notice.
4. Learned counsel for the respondents also drawn my attention to Swamy's - Establishment and Administration Rules, and Rule 7 whereof provides that the personal staff of the officers appointed under this Rule will have a tenure which will be co-terminus with the appointment of the officers. Reference is made to the counter affidavit to show that the Members of the National Disaster Management Authority have been given the same status which flows from Rule 7.
5. In view of the above facts which shows that the appointments of petitioners as drivers had to be co-terminus with the persons who are appointed as Vice Chairpersons/Members of National Disaster Management Authority, and since terms/tenures of these Vice Chairpersons/Members have come to an end, the petitioners also cannot claim regularization of their WP(C) No.6728/2010 Page 2 of 3 services inasmuch as these letters of appointments themselves had made it clear that petitioners were only temporary employees. Also, the creation of the post order specifically shows the post of a driver to be co-terminus with the appointment of Vice Chairpersons/Members of the National Disaster Management Authority.
6. In view of the above, there is no merit in the writ petition, and the same is accordingly dismissed, leaving the parties to bear their own costs.
VALMIKI J. MEHTA, J FEBRUARY 14, 2013 ak WP(C) No.6728/2010 Page 3 of 3