SHAFIQ AHMAD Vs. SENIOR SUPDT POST OFFICES

JUDGEMENT

(1.) This is a special appeal against a judgment of a learned single Judge of this Court on a petition under Article 226 of the Constitution.

(2.) The appellant was employed by the Posts and Telegraphs Department as a telegraph messenger, Bamrauli, in the year 1945. He was declared a quasi-permanent servant with effect from 1-7-1948. Soon after this the District Telegraph,. Office at Bamrauli was abolished and the appellant's services were transferred to the combined Post and Telegraph Office, Bamrauli, under orders of the Post Master General dated 15-5-1951. On 4-11-1952 the appellant received a notice dated 31-10-1952 from the Inspector of Post Offices, Allahabad, informing him that his services would be terminated under Rule 5, Central Civil Services (Temporary Service) Rules, 1949, after a month of the receipt of the notice by him. The appellant preferred an appeal to the Senior Superintendent of Post Offices, Allahabad, taut before it was disposed of he came to this Court with an application under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the order dated 31-10-1952 dispensing with the services of the appellant. His case was that Rule 5, Central Civil Services (Temporary Service) Rules, 1949, applied only to temporary government servants and not to quasi-permanent servants, and as such the order of termination of his services was illegal.

(3.) In the counter affidavit filed on behalf of the respondents the termination of the services of the appellant was sought to be justified not under Rule 5, but under Rule 6 which is in the following terms :