V. NATARAJAN Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) The petitioner herein was selected and appointed temporarily as a copyist in the District Munsif's Court, Tirumangalam, by the respondent as per his proceedings dated 14th November, 1966. He was discharged on 10th May, 196' for want of vacancy. He was again reappointed as a copyist temporarily as per the respondent's proceedings dated 17th June, 1967, from 19th June, 1967. His services from that day onwards has been continuous and the same were regularised by the respondent in his proceedings dated 27th May 1970 with effect from 19th June, 1967. He had been declared to have satisfactorily completed his probation on 19th June, 1967.

(2.) However by the proceedings dated 28th November, 1973 the petitioner's services were terminated from 15th December, 1973 on the ground that he has not obtained 40 per cent, of marks in English in the S.S.L.C. Examination and that therefore ha does not have the minimum general educational qualification as required by the rules. The petitioner has challenged the validity of the said order of termination dated 28th November, 1973 in this writ petition.

(3.) According to the petitioner he is not a temporary Government servant at the time of the termination of service but a regular member of the service. His services have been regularised with effect from 19th June, 1967 and his probation had also been declared to have been satisfactorily completed on and from 19th June, 1967. After having become a full member of the service, his services cannot he terminated for want of requisite educational qualification. The respondent is estopped from contending that the petitioner has not been properly recruited to the service at this distance of time. The impugned order Has also been questioned by the petitioner on the ground that the order terminating his services was passed without giving an opportunity to the petitioner to put forward his case.