Ritu Bhatia vs Ministry Of Civil Supplies Consumer ...

3. That respondent no.2 herein­Central Railside Warehouse Company Limited invited applications for the post of Company Secretary. That respondent no.2’s advertisement, specifically provided for, five years post qualification mandatory experience as a Company Secretary as on 30.11.2013 in a PSU/Private Company of repute. The appellant herein applied for the post of Company Secretary. In her application she categorically stated that she had post qualification experience of seven years and three months. That thereafter she appeared in an interview held by respondent no.2 and was offered appointment to the post of Company Secretary vide memorandum dated 13.03.2014. Thereafter, she was appointed on regular basis to the post of Company Secretary by Office Order dated 22.04.2014. A show cause notice dated 01.11.2014 was issued by respondent no.2 calling upon the appellant to explain why her services should not 2 be terminated as she did not have the requisite five years’ experience for the post of Company Secretary. The appellant submitted her reply to the above show cause notice. Respondent no.2 thereafter vide its order dated 02.01.2015 terminated the services of the appellant.

6.2 Further Shri Banerji submitted that, therefore, when it was found that the total post qualification experience of the appellant ‘as’ Company Secretary was less than five years against the requirement of minimum five years’ experience and thereafter when the services of the appellant were terminated on the ground that at the time when the application was invited, she was not fulfilling the eligibility criteria, her services have been rightly terminated. It is submitted that the High Court in the impugned judgment and order has considered in detail the experience of the appellant while working in Delhi Stock Exchange Association Limited; Bharat Bhushan Shares and Commodity Brokers Limited; Utkal Investment Limited and thereafter considering the 8 material on record, has rightly refused to interfere with the order of termination and has rightly rejected the petition. 6.3 Shri Banerji. Learned counsel for the respondent has further submitted that so far as the reliance placed upon the decision of this Court in the case of Dr. Asim Kumar Bose (supra) relied upon by the learned Senior Counsel appearing on behalf of the appellant is concerned, it is submitted by Shri Banerji that on facts, the said decision shall not be applicable to the facts of the case on hand. It is submitted that the said decision is distinguishable on facts. It is submitted that, on interpretation of the relevant rules, this Court held that the word ‘as’ in the collocation of the words used “at least six years’ experience as Associate Professor/Assistant Professor/reader” and the words “at least five years’ experience as Reader/Assistant Professor” must be interpreted in its ordinary sense as meaning teaching experience gained “in the capacity of”. It is submitted that before this Court the question was whether a Specialists’ Grade II in a teaching hospital belonging to the Central Health Service was eligible for appointment or promotion as a Professor or Associate Professor of the concerned speciality? It is submitted therefore, 9 the said decision shall not be applicable to the facts of the case on hand. Making above submissions, it is prayed to dismiss the present appeal.

5.6 Making above submissions it is prayed to allow the present appeal and set aside the order passed by the High Court as well as the order of termination terminating the services of the appellant as a Company Secretary.

8. In view of the above and for the reasons stated above, as appellant did not fulfil the eligibility criteria of having five years post qualification experience ‘as’ Company Secretary as on 30.11.2013, the services of the appellant have rightly been terminated. We are in complete agreement with the view taken by the High Court.

9. In view of the reasons stated above, the present appeal fails and is accordingly dismissed. No costs.