RAJENDRA SAREEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner's challenge in this petition under Article 226 of the Constitution is to an order dated 31st October, 1968 whereby his services were terminated with effect from the date of receipt of the communication bearing the same date addressed to him by the Under Secretary Protocol and Publicity, Government of Haryana, on behalf of the Chief Secretary to the said Gvoernment. The communication further stated that one month's salary in lieu of the period of notice was being allowed to the petitioner.

(2.) The grounds on which the validity of the above orderis challengedby the petitioner are (1) that he being a permanent Government servant, the order terminating his services amounts to dismissal and therefore contravenes the provisions of Article 311 of the Constitution, (2) that even if he is held to be a temporary Government servant his appointment being conterminous with the post held by him, the termination of his service while the post is still in existence would contravene Article 311 of the Constitution and (3) that in any event the order terminating his services is vitiated by mala fides on the part of Shri Bansi Lal, Chief Minister Haryana State, who is impleaded in the petition as respondent No. 2 and Shri G. L. Bailur, Director Public Relations, Govt. Of Haryana, respondent No. 3, inasmuch as they were actuated by personal malice and ill-will against the petitioner.

(3.) The petitioner alleged that he joined the service of the composite State of Punjab on 22-6-1957 as State Press Liaison Officer in Delhi on a starting salary of Rs. 600/- per mensem in the grade of Rs. 500-25-650/30-800 in the Public Relations Department of the State. The creation of the post with the said scale of pay and the appointment of the petitioner thereto were both done simulataneously by one and the same order dated 28-6-1957. In July 1962 the post was included in the cadre of the Punjab Public Relations Service which was created at that time. In between the petitioner was granted extraordinary leave for a period of six months from 21st November 1959 to 18th May 1960 with permission to act as a Special Correspondent of the Hindustan Times, New Delhi in Pakistan, on a salary of Rs. 1500 per mensem. On return from leave the petitioner resumed his service in the depratment and worked in an equivalent post of Deputy Director till June 1966. In 1960 the petitioner crossed the efficiency bar and his pay was raised from Rs. 650/- to Rs. 680/- per mensem with effect from 24-12-1960.