ATAL BEHARI SHASTRI Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER was appointed in 1956 as Honorary Social Worker in the office of the Assistant Welfare Officer, Kanpur. Later on by an order dated 29-9-1959 the petitioner was appointed to the temporary post of Inspector in the Administrative Board established under U. P. Women's and Children's Institution (Control) Act, 1956 with the following conditions 5 (i) he will be on probation for a period of six months ; and (ii) the appointment is temporary and his services are terminable without notice on abolition of the post. In pursuance of the aforesaid appointment letter, the petitioner joined as Inspector under the Administrative Board and continued to work in that capacity for about eleven years. In July, 1970 the services of the petitioner were terminated with effect from 26-3-1970 by an order dated 15-7-1970. Against the said order of termination of service, the petitioner tiled a suit, which was dismissed against which he filed an appeal before the learned District Judge. During the pendency of the appeal U. P. Public Service (Tribunal) Act, 1976 came into force on account of which the appeal filed by the petitioner before the learned District Judge was abated and its record was transferred to the U. P. Public Service Tribunal. Lucknow (here-in-after referred to as the Tribunal). The Tribunal by its order dated 7-7-1978 has dismissed the petitioner's appeal.

(2.) LEARNED counsel for the petitioner has challenged the aforesaid order of the termination, of service and the order of the Tribunal on three grounds, namely, (i) the impugned order of termination of service was passed without giving any notice and without giving any reasonable opportunity of being heard to the petitioner ; (ii) as per condition imposed in the order of appointment of the petitioner, the petitioner's services could have been terminated only on the abolition of the post, which he was holding ; and (iii) one month salary has not been paid at the time of the termination of his service.

(3.) THE third plea of the learned counsel for the petitioner regarding the payment of one month salary cannot be accepted. In the absence of any statutory rules of contract of service, the payment of salary cannot be treated to be a condition precedent for the exercise of employer's right to terminate the service. In the instant case no such condition can be inferred from the order of appointment or from any rules.