(1.) This writ appeal is preferred against the judgment in Writ Petition No. 7293 of 1982 in which the learned Judge allowed the writ petition. The respondent in the writ petition has therefore come up in appeal.
(2.) The writ petitioner, respondent before us, was selected and appointed as a Medical Officer by the appellant on 18/09/1980. According to the terms of the order of appointment the respondent was to be on probation for a period of one year and during that period his services were terminable by one months notice on either side. If he was confirmed he would be required to enter into an agreement to serve the appellant company for a period of five years from the date of such confirmation and the company reserved its right to terminate the contract by giving a notice of three months or three months pay in lieu of notice without assigning any reasons. On October, 1981, the Personal Officer of the appellant company addressed a letter of the Superintendent, Area Hospital, Bellampalli where the respondent was actually working. In that letter the Personal Officer proposed the confirmation of the respondent and also required the respondent to make the necessary arrangements for entering into the agreement contemplated by the order of appointment. The respondent had stated in his affidavit filed in this Court that he had purchased the necessary stamp papers and submitted the same to the authorities on 15/11/1981, and that nothing more was required to be done on the spot. The respondent then received the impugned order dated 4/10/1982, terminating his service. The order reads as follows : "It is regretted that your services are no longer required by the Company. Your services stand terminated on and from 8/10/1982. 2. You will be relieved of your post on 8/10/1982 by paying you three months salary in lieu of notice, as required under para 4 of your appointment order No. C/1998, dated 18/09/1980.
(3.) Controller of Accounts (F & A), B.P.A. is being advised to settle your accounts with the Company. Sd/- For Chairman and Managing Director." The respondent filed the writ petition on 11/10/1982, for the issue of a writ of certiorari quashing the order of termination, dated 4/10/1982.