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Retrenchment

(Querist) 25 November 2011 This query is : Resolved 
Sir,
person appointed against the vacant post, but said post was reserved for sc/st candidate & person belongs to general category therefore,for this reason .his appointment was found illegal His services terminate on the basis of terms & condition of the appointment letter. can termination amounts to retrenchment?
Guest (Expert) 26 November 2011
Since it is not a case of termination on account of misconduct or non-performance etc., on the part of the employee, the termination was on account of non-existence of the category post and illegal recruitment, it is therefore a case of retrenchment only.
Rajeev Kumar (Expert) 26 November 2011
Agree with Dhingra JI


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