UNION OF INDIA Vs. K S SUBRAMANIAN

JUDGEMENT

(1.) This Union of India and the Commander, Officer-in-charge, Naval Base, Cochin, are the appellants before us by grant of special leave against a judgment and decree of a Division Bench of the High Court of Kerala. The Division Bench had affirmed the decision of a learned Judge of the High Court dismissing an appeal from a judgment and decree of a subordinate judge awarding Rs. 25,000/- as damages, together with interest @ 6% per annum, to the plaintiff-respondent for the illegal termination of the respondent's services. The plaintiff-respondent was serving as a welder, Grade II, in the Civilian Defence Forces at the Naval Base, Cochin, at the time of this allegedly illegal termination of service by an order of 25th October, 1968, of the Govt. of India, Ministry of Defence.

(2.) Special leave was granted on condition that the appellant will bear the costs of the respondent in any event. The point of law sought to be canvassed before us is:Does the doctrine that a Central Govt. servant holds his post "at the pleasure of the President", contained in Article 310 of the Constitution, authorise the passing of an order of termination of services, without assigning any reason whatsoever of the holder of a post "connected with defence"

(3.) There is no finding anywhere that the services of the plaintiff-respondent were terminated as a measure of punishment for any wrong done by him or for incompetence, although, a perusal of the pleadings would show that the appellants denied the assertions of the plaintiff-respondent that he was efficient and entitled to promotions as he had qualified for them by passing certain tests.