LAWS(KAR)-1970-6-13

VERGHESE GEORGE Vs. OFFICER COMMANDING T T W

Decided On June 16, 1970
VERGHESE GEORGE Appellant
V/S
OFFICER COMMANDING, T.T.W. Respondents

JUDGEMENT

(1.) The petitioner who was working as a civilian motor transport driver attached to the Airforce Station at Yelahanka, was served with a notice dated 11-11-1968, issued by the Officer Commanding the Station, under Rule 5 (1) (a) of the Central Services (Temporary Service) Rules, 1965, terminating his services with effect from the date of expiry of a period of one month from the date of service or tender of the notice. The petitioner impugns the validitv of the said notice, and contends that it is illegal as well as violative of his fundamental rights under the Constitution and that therefore, it should be quashed by the issue of an appropriate writ.

(2.) That the petitioner was entertained as a temporary Government servant is an admitted fact. It is also admitted that though he had completed four-and-a half years of service at the time the notice was issued, he had not been invested with the status of a quasi-permanent Govt. servant. Although it is a minimum qualification for such a status to complete three years of service, it is well established that unless an express order is made declaring such a status, no temporary Government servant acquires quasi-permanency of service. Hence the petitioner has to be considered only as a temporary Government servant and his rights, if any, allegedly violated by the impugned notice have also to be ascertained on that basis.

(3.) The Rule under whirh the impugned notice was issued, reads: -