RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was appointed as Airport Ticket Clerk in the Civil Aviation Department of the Government of India on 14-8-1967. On 15-6-1971 his services were terminated 'forthwith' and it was directed that he shall be paid a sum equivalent to the amount of pay and allowances for a period of one month (in lieu of the period of notice) calculated at the same rate at which he was drawing them immediately before the date on which the order was served on or, as the case may be, tendered to him. But the pay and allowances were not paid to him at the same time as the service of the order of termination of his services. His appeal against the termination as well as representations having failed he filed a writ petition out of which this appeal arises. The High Court of Delhi dismissed the writ petition in limine and this appeal has been filed in pursuance of a certificate granted by the High Court because of the decision of this Court in R. M. S. Cochin v. K. V. Gopinath, reported in (1972) 3 SCR 530, of which that Court was not aware when it dismissed the petitioner's petition.

(2.) It was not brought to the notice of the High Court that the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules l965 had been amended with retrospective effect from 1st May, 1965. The rule as now amended reads:

(3.) But it was argued by Mr. Bhandare appearing on behalf of the appellant that there is no validating provision in the rule as now amended and therefore the intention of the Government in making the amendment cannot be validly given effect to. For this purpose he relied upon the decision of this Court in Prithvi Mills v. Broach Municipality, (1970) 1 SCR 388 and in particular the following observations therein: