JANARDAN MISRA Vs. P N THAPER

JUDGEMENT

(1.) On 24th August, 1963 the petitioner was appointed as Stores Purchase Officer in the consolidated scale of pay of Rs. 580-40-980-40-1100 in the Punjab Agricultural University. The letter of his appointment is annexure 'A'. He was appointed on probation for a period of one year. In the letter of appointment it was specifically stated that 'his services while he is on probation will be terminable on one month's notice on either side, provided that it will be open to the University to pay in lieu of notice his salary for the period by which the notice falls short of one month'. It was further stated that 'if he wishes to resign his post, he may do so by depositing with the University his salary for the period by which the notice falls short of one month'. On 29th April, 1964 his services were terminated vide annexure 'H'. The order reads as follows :-

(2.) On behalf of the University it is argued that the services of the petitioner have been terminated by the proper authority who was the Vice-Chancellor. According to the return, the petitioner was appointed by the Vice-Chancellor and his services were terminated by the same authority. It is also averred that the services were terminated according to the terms and conditions of the contract of service; no punishment had been awarded to the petitioner and there was no stigma cast against him by the order of the termination of services.

(3.) Mr. H.L. Soni, learned counsel appearing for the University, raised a preliminary objection that the provisions of Article 311 of the Constitution were not applicable to the case of the petitioner and, therefore, he could not move this Court under Article 226 of the Constitution for the grant of a writ to him. The well known doctrine of master aad servant' was invoked for the purpose of contending that no employee could be forced on an unwilling master.