STATE OF MYSORE Vs. S V NARAYANAPPA

JUDGEMENT

(1.) This appeal by special leave is against the judgment and Order of the High Court of Mysore quashing the memorandum, dated July 4, 1963 whereby the State Government terminated the service of the respondent. The only question arising in this appeal is one of interpretation of the Government Order No. GAD 46 SRR, dated September 22, 1961.

(2.) The respondent entered Government service as an officiating computor in the Government Press on March 11, 1958 and continued in that post until September 1, 1958. He was thereafter appointed from time to time in officiating capacity in different posts though in the same department until December 3, 1959 when he was appointed as a proof examiner. He continued in that post until February 28, 1961. According to the appellants there was break in his service on March 1, 1961 as his service was terminated on February 28, 1961 and he was once again appointed on March 2, 1961 as a second division clerk (Industrial). He continued in that post until July 4, 1961 when the impugned order terminating his service was passed. The first of March 1961 on which it was said there was break in his service, was a holiday.

(3.) There is no dispute that the respondent was throughout working in officiating capacity and was a "local candidate" like several other such employees appointed by direct recruitment by Government instead of regular recruitment by the Public Service Commission of the State as required by the Rules of Recruitment.