RITU BHATIA versus MINISTRY OF CIVIL SUPPLIES CONSUMER AFFAIRS & PUBLIC DISTRIBUTION AND OTHERS

RITU BHATIA versus MINISTRY OF CIVIL SUPPLIES CONSUMER AFFAIRS & PUBLIC DISTRIBUTION AND OTHERS

Experience gained as Management Trainee or Assistant Company Secretary cannot be counted as experience 'as' Company Secretary. The eligibility criteria require actual appointment and discharge of statutory functions in the capacity of Company Secretary for five years. The appellant did not meet this requirement, and her termination was therefore justified.

Parties
Appellant: Ritu Bhatia; Respondents: Ministry of Civil Supplies Consumer Affairs & Public Distribution and Others
Jurisdiction
India
Judgment Date
05 February 2019
Procedural Posture
Civil Appeal / Appeal From Division Bench Decision of Delhi High Court in L.p.a. No. 160 of 2015
Outcome
Appeal dismissed
Legal Topics
Eligibility Criteria for Appointment, Interpretation of Experience Requirement, Termination of Service
Service Law Eligibility Criteria for Appointment Interpretation of Experience Requirement Termination of Service

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Parties

Ritu Bhatia

Appellant

Ministry of Civil Supplies Consumer Affairs & Public Distribution and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Decision of Delhi High Court in L.p.a. No. 160 of 2015

Legal Issues

  1. 1 Whether experience as Management Trainee or Assistant Company Secretary counts as experience 'as' Company Secretary for eligibility criteria.
  2. 2 Interpretation of the word 'as' in the advertisement requiring five years experience 'as' Company Secretary.

Ratio Decidendi

Experience gained as Management Trainee or Assistant Company Secretary cannot be counted as experience 'as' Company Secretary. The eligibility criteria require actual appointment and discharge of statutory functions in the capacity of Company Secretary for five years. The appellant did not meet this requirement, and her termination was therefore justified.

Court Disposition

Appeal dismissed

Orders

  • Present appeal is dismissed; services of the appellant rightly terminated; no costs.