AIZAZ AHMAD Vs. PRINCIPAL INDUSTRIAL TRAINING INSTITUTE BULANDSHAHR

JUDGEMENT

(1.) PANKAJ Mithal, J. The petitioner has prayed for the quashing of the order dated 1/2-2-1990 (Annexure 3 to the writ petition) by which his services have been terminated w. e. f. 28-2-1990.

(2.) THE petitioner was appointed as Lower Division Clerk in the Industrial Training Institute, Bulandshahar vide appointment letter dated 24-4-1989 issued by the Principal. THE petitioner joined duties in pursuance of the above letter of appointment and worked continuously till the passing of the impugned order.

(3.) I have examined the records of the writ petition and the impugned order of termination as well as the letter of appointment. Undisputedly the petitioner was appointment temporarily and was not confirmed on the post of the Lower Division Clerk. Therefore, he was purely a temporary employee whose services were covered by the U. P. Temporary Government Servants (Termination of Service) Rules, 1973. Rule 3 of the aforesaid rules provide that the services of temporary employee shall be terminable at any time by a month's notice in writing. The said Rule 3 is quoted below: "3. Termination of service.- (1) Notwithstanding anything to the contrary in any existing rules or orders on the subject, the services of a Government servant in temporary service shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority, or by the appointing authority to the Government servant; (2) The period of notice shall be one month: Provided. . . . . . . . . . . . . . . . . . . . . . Provided. . . . . . . . . . . . . . . . . . . . . . Provided. . . . . . . . . . . . . . . . . . . . . .