NIHAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) THE petitioner Mr. Nihal Chand Bhasin, presented the petition on the 25th of May, 1950, for a writ being issued by this Court to the State of Rajasthan and the Chief Secretary of the Government of Rajasthan directing them to refrain from enforcing an order of the Government of Rajasthan dated the 12th of May, 1950, by which the services of the petitioner were directed to be terminated with effect from the date he was relieved of his duties. THE petitioner was at the time working as Assistant Commissioner, Civil Supplies Department of Rajasthan and posted at Bikaner.

(3.) THE pensioner's services were terminated in this case not because of any complaint against him or for any misconduct on his part and, therefore, clause (2) Article 311 did not apply in this case. Being a temporary employee his services were, in the very nature of things, liable to termination. No contract between the petitioner and the Government has been relied upon by any party and no rules and regulations applicable to temporary employees in Rajasthan have been referred to, and according to the general law applicable to master and servant, in the absence of other conditions, or reasons, the services of the employee were terminable by a reasonable notice or payment of notice-pay in lieu of notice. As to what should be the period of notice and to what wages in lieu of notice the petitioner would be entitled to claim need not be determined in these proceedings.