UNION OF INDIA UOI Vs. K S SUBRAMONIAN

JUDGEMENT

(1.) WE think, the Court below was right and that no interference is called for in this appeal, preferred by the Union of India and the Commanding Officer, Naval Base, Cochin, against the judgment of the Sub-Court, Cochin, decreeing the plaintiff's suit to declare the termination of his service illegal and for reinstatement with arrears of pay, or alternatively for compensation for wrongful termination of service. The Court below declared the termination of service illegal and granted a decree for Rs. 25,000 as compensation with interest at 6% per annum.

(2.) THE plaintiff-respondent was a welder, Grade II. in the Civilian Defence Forces, at the Naval Base, Cochin. His service was terminated by Ext. A1 order of the Government of India, Ministry of Defence, dated 25-10-1968, without assigning any reason whatsoever. The plaintiff at the time of termination of service, was aged only 41, and would be normally entitled to continue in service till sixty years of age. The defence was that the plaintiff's tenure was one under the pleasure of the President, and was, therefore, liable to termination, without assigning any reasons. It was found by the Court below that the termination offended the provisions of the Central Civil Service (Classification, Control and Appeal) Rules 1965, and was, therefore, illegal. It was on this ground that damages were decreed in favour of the plaintiff.

(3.) THERE was no controversy that the Rules applied to the plaintiff; nor was it denied that there had been no compliance with the Rules. What was argued was that the termination being at the pleasure of the President, under Article 310 of the Constitution, the same would override Article 309, or the Rules framed thereunder. It would be convenient to read Articles 309, 310 and 311 of the Constitution. 309. Recruitment and conditions of service of persons serving the Union or a State. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.