JOGINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is against the judgment and decree dated 17.8.1978 by which the suit filed by the appellant was dismissed by the trial Court and the appellate Court also in the first appeal before the District Court, Gurdaspur. The plaintiff had sought declaration to the effect that the order dated 12.7.1977 by which his services were terminated was illegal, unconstitutional and against the terms and conditions of his employment. He further sought the relief to take him back in the service with all dues in respect of salary, increments etc. Briefly stated his contention was that while terminating his services, certain procedure and terms and conditions were not followed. He claimed that as per the conditions in the appointment letter, a one month notice in lieu of salary should have been given before his termination. It was further contended that the impugned order of termination had not been passed by the appointing authority and the said order was never communicated to him.

(2.) The State of Punjab opposed this suit by contending that the termination order was proper and legal and that the Plaintiff was relieved of his service on 19.7.1977. The other contentions of the Plaintiff also came to be denied. It was contended that the termination of service of the Plaintiff was as per the terms and conditions of the appointment letter.

(3.) The trial Court held that the termination of the Plaintiff was proper and as per the terms and conditions of his appointment. On this main finding, the trial Court dismissed the suit. The matter was taken before the District Court, Gurdaspur. The Additional District Judge, Gurdaspur held that the question regarding the one month's notice or salary in lieu of it while terminating the employment of the plaintiff was not applicable in his case because the initial appointment was for a fixed period of six months only, and that too by an officer who was not authorized to employ the plaintiff. He further observed that further extension of employment was granted by the Director, Health & Family Planning Punjab, and that extension ended on 31.12.1976. As per terms and conditions of the said letter of appointment, the plaintiffs services were rightly terminated. He observed that the said letter did not contain the condition that a one month's notice, or salary in lieu of it, was to be given before the termination order.