SACHIDA NAND SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant in this appeal has challenged the order, dated 7th May, 1973, passed by his Lordship the Honble Chief Justice in the C. W. P. No. 145 of 1971, by which the writ petition of the appellant was dismissed.

(2.) The brief facts of the case are that the appellant was appointed as a teacher against an additional post in the year 1960 on purely temporary basis, vide order, dated 8th June, 1960 (Annexure A). The appointment of the appellant was liable to be terminated on 24 hours notice. Afterwards the appellant had some training as a Language Teacher and was appointed as a Language Teacher in the year 1964. In the year 1970, the appellant was serving as a Language Teacher in the Government High School, Saigaloo, District Mandi, and his services were terminated by order, dated 29th July, 1970, under rule 5 (1) of the Central Civil Service (Temporary Service) Rules, 1965. The appellant filed an appeal, but the same was also rejected.

(3.) The appellant thereafter filed a writ petition in this Court and alleged that he was a Government servant and that the termination of his service could not be effected by a mere notice because he was a confirmed Government servant and as such was a permanent employee of the Government. It was further alleged that the termination of the appellants service is by way of punishment, and as the appellant has not been given any opportunity of showing cause against the proposed order of termination of service, therefore, the said order is violative of Article 311 (2) of the Constitution of India. The appellant also alleged that he was senior to certain other persons and as such his service should not have been terminated by ignoring his claims.