UNION OF INDIA Vs. KARTAR SINGH

JUDGEMENT

(1.) THIS is a defendant's appeal against the decree of the learned Senior subordinate Judge, Narnaul, confirming on appeal the decision of the trial Court decreeing the plaintiff's suit.

(2.) THE facts of this case are now no longer in dispute. Kartar Singh, plaintiff, was a mail peon in Post Office, Narnaul and was a class IV employee. He was a temporary government servant and was not made quasi-permanent. His services were terminated on 3rd of April 1964 by the Superintendent, Post Offices, gurgaon, defendant No. 2, who passed the following order:

(3.) THE defendants contested the suit and pleaded, inter alia, that the services of the plaintiff were terminated under Rule 5 of the Central Civil Services (Temporary service) Rules. 1949 and as such Article 311 of the Constitution did not apply in the instant case