M A CHOWDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has, by means of this petition under Article 226 of the Constitution, challenged the validity of the notice issued to him by the Station Engineer of All India Radio, Varanasi, dated 31st December, 1975, fixing the petitioner's fee and allowances for the period from 5-4-1971 to 31-7-74 during which he remained out of employment.

(2.) THE petitioner was appointed as Staff Artist, in the All India Radio, Bombay, under an agreement executed by him with the Director General of India Radio initially for a period of three years. His employment was subsequently renewed for a further period of three years. Later on, a clause was added to the agreement that he shall remain in service upto 31st December,1985, on which date he was to attain the age of superannuation. One of the terms of the agreement provided that the petitioner's services will be liable to be terminated on six months' notice on either side. While the petitioner was posted at Varanasi, a notice Mated October 5, 1970, was issued to him intimating him that his services would stand terminated on the expiry of six months' period from the date of the said notice, in accordance with the terms and conditions of service. THE petitioner challenged the validity of this order by means of a writ petition in this Court which was allowed on 12-7-1974. THE learned Judge held that the petitioner was holding civil post under Article 311 of the Constitution and as such his services could not legally be terminated by giving him six months' notice. THE learned Judge quashed the notice of termination and directed the respondents to treat the petitioner in service and to pay him the emoluments to which he was entitled.

(3.) FUNDAMENTAL Rule 53 provides for determination of payments of subsistence allowance and other allowances to a Government servant under suspension or deemed to have been placed under suspension. The petitioner was never placed under suspension nor was he ever deemed to have been placed under suspension by any order of the appointing authority ; instead, his services were terminated under the terms of the contract of his service. The provisions of FUNDAMENTAL Rule 53 are not applicable for determining the petitioner's salary and allowances.