COL. PIRTHI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner complains that his services have been arbitrarily terminated vide order dated July 15, 1996. Is it so A few facts may be noticed.

(2.) The petitioner was initially a member of the Indian Armed Force. He was awarded the ''Vishist Sewa Medal'' by the President of India vide notification dated January 26, 1986 for distinguished service of a high order. He retired from the India Army in the rank of a Colonel on April 30, 1989.

(3.) The State of Haryana advertised the post of Secretary Haryana Rajya Sainik Board in the year 1990. The petitioner was one of the applicants. He was considered alongwith the other eligible candidates. He was selected. On November 2, 1990, the petitioner was offered the post of Secretary. A copy of this communication is at Annexure P.1 with the writ petition. He joined duty on December 3, 1990. While the petitioner was working as Secretary of the Board, the State Government issued an order dated April 24, 1995 (Annexure P.2 with the writ petition) by which the petitioner was re-employed ''for a period of one year w.e.f. 1.5.1995.'' The necessity for this order had arisen as the petitioner was to attain the age of 58 years on April 7, 1995 and would have been due to retire on April 30, 1995. A copy of order dated April 24, 1995 has been produced as Annexure P-2 with the writ petition. It was stipulated in this letter that the terms and conditions of his re-employment shall be issued later on. These were actually issued vide letter dated December 6, 1995, a copy of which is at Annexure P.3 with the writ petition. On May 1, 1996, the State Government issued another order extending the petitioner's appointment ''for a period of one year with effect from 1.5.1996 on the same terms and conditions of re-employment as are contained in para 2(i to v) of order.... dated 11.12.95''. On July 15, 1996, the State Government passed the impugned order by which the petitioner's services were terminated ''in accordance with the terms and conditions of his appointment with immediate effect after paying him one month's salary in lieu of one month's notice, being no longer required.'' A copy of the order is at Annexure P.5 with the writ petition. It was also ordered that the salary for the period from July 1, 1996 to July 15, 1996 shall be disbursed to the petitioner with immediate effect. Aggrieved by this order, the petitioner has filed the present writ petition. He alleges that the order of termination is absolutely illegal, arbitrary and malafide. He prays that the order be quashed and he be allowed to continue in service till he completes his term of one year.