DHRUVA MALVIYA Vs. STATE OF UTTAR PRADESH LUCKNOW

JUDGEMENT

(1.) The petitioner who was serving as temporary Deputy Director of Panchayats in the Panchayat Raj Department under the State of U. P. was served a notice dated February 28, 1959 by the Deputy Secretary to Government in that department intimating to him that his services shall stand terminated on the expiry of the period of one month from the date of receipt of the above notice. This notice which, therefore, was delivered to him on 28th February, 1959 resulted in terminating his employment on the expiry of 31st March, 1959. Earlier also on 27th January, 1959 a similar notice had been delivered to him by the Deputy Secretary Panchayat Raj Department wherefore his services were sought to be put an end to evidently from 28th of February, 1959 but, as it seems, this was subsequently superseded by the notice first above mentioned. The petitioner, who is questioning the right of the State Government to put an end to his employment in this manner, has asked the two notices to be quashed, at the same time a mandamus also commanding the respondent to allow him to continue in service in the first instance as Deputy Director, Panchayats and in the alternative as Assistant Director Information Directorate to which post he had been appointed initially.

(2.) It may be necessary in order to appreciate the controversy to mention in some detail the facts commencing with the appointment of the petitioner in 1948 as Officer on Special Duty in the Information Department and ending with the termination notice given to him in January 1959. He was first appointed as Officer on Special Duty in January 1948 in the Information Directorate of the State Government. On 2nd July, 1949 the U. P. Public Service Commission advertised an invitation for applications for the post of Assistant Director, Information. This post was temporary but was stated as likely to be retained for some years. In the advertisement it also was mentioned that the person appointed shall be on probation for six months and be on the scale of pay of Rs. 200-25-500-40-700. The petitioner was one of the applicants before the Public Service Commission which ultimately recommended his name for appointment to the post. This happened on 10th September, 1949. A couple of months later on 21st November, 1949 the Governor, accepting the recommendation of the Public Service Commission, appointed the petitioner to the above post of Assistant Director Information and also fixed his initial pay at Rs. 475/- per mensem in the advertised scale. His appointment was made to commence from November 9, 1949 and he was placed on probation for six months. The appointment order expressly stated that the petitioner's appointment was on a temporary basis whose term was upto 31st March, 1950.

(3.) In April 1950 the temporary post was extended for a period of one year upto March 31, 1950. By the same order the continued appointment of Sri Malviya on the terms on which he had been appointed thereto was also sanctioned. His probationary period which was due to expire on May 9, 1950 was extended on two occasions; on the first for six months, and on the second occasion for one year. The temporary post also was likewise extended year after year upto 31st March, 1953. The orders granting extension of the post likewise approved the continued appointment of the petitioner thereto. On 3rd December, 1951 the Government wrote to the petitioner that his period of probation shall be treated to have come to an end with effect from November 9, 1951 as he had been held to be suitable to continue in his post. The relevant order stated thus :