REBECCA CHANDAPILLAY Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) This is an appeal by the petitioner in O.P. No. 1167 of 1960 against the dismissal of that petition. The petition questioned the validity of an order of the Government terminating her services as an Honorary Medical Officer in the General Hospital, Ernakulam.
(2.) The order reads as follows:- :
Under R.5 of the Rules issued in G.O.M.S. 450/58/EHD dated 25-4-1958, governing the appointment and service conditions of Honorary Medical Officers, the services of Dr. Rebecca Chanda Pillai, Honorary Medical Officer, General Hospital, Ernakulam are terminated forthwith.;
and the rule mentioned in the order:
A person appointed to the post of Honorary Medical Officer will hold the post for a period of 5 years at a time. Government may terminate the appointment at any time without any notice and without assigning any reason therefor. The Honorary Medical Personnel once appointed will be eligible for reappointment provided they are found suitable for re-appointment by Government.
The petitioner was relieved of her duties with effect from the afternoon of 20-9-1960. Her current term of five years had not expired then and was due to expire only at the end of May 1963.
(3.) It is common ground that Art.311 of the Constitution applies to the petitioner and that if the termination of her services amounts to a dismissal or removal as contemplated by that Article, it has to be set aside on the ground that there has been no compliance with its provisions. The sole question for determination, therefore, is whether the termination amounts to a dismissal or removal as contemplated by Art.311 of the Constitution.;
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