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SAI COMPUTER TYPING INSTITUTE, GULABARA CHHINDWARA [M.P.] CPCT ADMISSION OPEN [संचालक-लकी श्रीवात्री] MOB.-9098909565
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At the outset it is required to be noted that the respondents herein original writ petitioners were, as such, appointed in a temporary project which was created only for the purpose of rehabilitation pursuant to the earthquake for Redevelopment Programmed All of them were initially appointed for a period of eleven months on a fixed salary which came to be continued from time to time till the requirement in a particular project unit Implementation Howeverl as the said unit was required to be closed which, as such, was a temporary unit, instead of putting an end to the service of the respondents, the State Government thought it fit to transfer and place them with the Indian Red Cross Society. At this stage the respondents approached the High Court and challenged their placement with the Indian Red Cross Society. The learned Single Judge dismissed the said writ petition by observing as under is not in dispute that the petitioners, who are serving on a fixed term and salary as per the terms of the contract of service with respondent Nos. 1 & 2 are now transferred to respondent No.4 in view of administrative exigencies. Appointment of the petitioners is only for 11 months on a fixed salary which is continued from time to time and even the Unit on which the petitioners are appointed temporarily is a Implementation created only for the purpse of rehabilitation pursuant to the earth-quake for earth-quake redevelopment programme. Thus the UNit itself has temporary status and tenure to which the petitioners are appointed on a fixed term and salary. If the decision is taken by the Authority to place their services with the Indian Red Cross Society continued with salary, it cannot be said that any service condition under the Rule is violated inasmuch as none of the petitioners is regularly appointed employee on any permanent sanctioned post on any establishment of the Government where the petitioners have any lien. Placement of the petitioners is neither violate of any statutory rule nor mala fide. The order passed by the learned Single. Indian Red Cross Society continued with salary.
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