Centre to pay Rs 4L for terminating service

Besides this,the court also asked the government to pay Rs 25,000 as 8220;special unliquidated damages8221; on account of mental agony and harassment suffered by him.

The order came on a plea by Malviya Nagar resident Saha,seeking the court direction to declare the termination of his services with NACO by the Centre as 8220;illegal8221; and also seeking damages of Rs 3,81,334 and unliquidated damages.

8220;The plaintiff Saha has not been paid his remuneration with effect from April 8,2009 up to August 31,2009 at the rate of Rs 80,000 per month which totals to Rs 3,81,334 and the defendant Union of India is liable to pay this amount of Rs 3,81,334 to the plaintiff,8221; the ADJ said.

Saha,in his petition,said he had received a mail from the Public Health Foundation India PHFI on June 9,2008 informing him that he was shortlisted for telephonic interview for operationalising HIV/AIDS project,funded by the Bill and Melinda Gates Foundation.

He was subsequently interviewed in NACO on July 11,2008 and was found to be suitable for the post of Programme Officer in NACO,Saha said.

He said that by a letter dated August 26,2008,he was offered a job for the post of Programme Officer Link Worker Scheme initially on a contract basis for a period of one year at a consolidated remuneration of Rs 80,000 per month after which he joined the services from September 1,2008.

Saha said after he joined NACO,he was 8220;arbitrarily8221; made another offer at a monthly remuneration of Rs 50,000 per month with effect from January 1,2009 following which he requested them not to reduce his salary but they refused to accept it.

He said he was paid a salary of Rs 80,000 for January 2009 but only Rs 20,000 was transferred to his account as salary in February 2009.

Later in March 2009,he was informed that he has been removed from the services with effect from April 7,2009 and when he talked to the NACO secretary and director general about it,his services were extended for a period of two months after which he continued his work till April 20,2009.

He said he did not get his salary from April 2009 and was entitled to get Rs 3,81,334 for 8220;arbitrary termination8221; of his services with effect from April 8,2009 to August 31,2009.

The Centre opposed Saha8217;s plea saying it had paid the agreed remuneration to him till the date when the department decided to discontinue his service on the basis of appraisal of his performance and thus nothing was due against him.

Regarding the reduction of salary,the Centre said the remuneration for programme officer8217;s post was ecalibrated by the department of AIDS Control from Rs 80,000 per month to Rs 50,000 per month with effect from January 1,2009 and this was done taking into account that the existing programme officer in other division were being paid Rs 50,000.

It said this was communicated to Saha in December 2008 and he was advised to confirm the acceptability of the remuneration so that contract service agreement CSA could be finalised but he was not ready to accept it.

The court,however,asked the Centre to pay over Rs four lakh to Saha saying,8221;when the legal procedure for termination of service of the plaintiff Saha has not been followed,then it can be said that the plaintiff continues to remain in the contract with the defendant Centre up to August 31,2009.8221;