COLLECTOR AND DISTRICT MAGISTRATE VARANASI Vs. MATARU RAM

JUDGEMENT

(1.) THIS is an appeal by the State Government against the judgment of a learned Single Judge, allowing the writ petition filed by the respondent and queshing an order discharging the petitioner from service.

(2.) THE respondent was a temporary Government servant and was employed on the post of Health Assistant (Family Planning Depart ment) at Varanasi in 1968. A circular letter dated March 23, 1971 was issued by the Joint Director of Medical Health Service (F.P.O.), U.P. Lucknow to all District Medical Officers of Health in U.P., the relevant portion of which reads thus: -

(3.) IT is not disputed that the respondent was a temporary Govern ment servant. It is also not disputed that under the rules, the ser vices of a temporary Government servant can be terminated by giv ing one month's notice or one month's pay in lieu of notice. The impugned order is an order of termination simplicitor and casts no stigma on the respondent. It merely informed him that his services were no longer required and were terminated from the date of re ceipt of the order on payment of one month's pay in lieu of notice. The learned Single Judge was of opinion that the termination was for a specific fault, that is to say, for failure to achieve the target prescribed and, therefore, amounted to punishment. The view taken by the learned Single Judge is challenged in this appeal.