Fazal Ali, J. - (1.) This appeal by special leave is directed against a judgment and order dated 10th July, 1969 of the High Court of Assam and Nagaland. The facts giving rise to the appeal lie within a very narrow compass. The respondent, Dr. Md. S. Iskander Ali, was appointed on a purely temporary basis to the post of a medical officer in the Oil and Natural Gas Commission. Under the terms and conditions of his service, he was to remain on probation for a period of one year which could be extended at the discretion of the appointing authority. The respondent was appointed on October 15, 1965, and the order of his appointment may be extracted thus: "No. 52/35/65/-ENT Dated the 15th October 1965 MEMORANDUM With reference to his interview on the 18th August 1965, held at Sibsagar, Shri Dr. Md. S. Iskander Ali, is hereby informed that he/she has been selected for a temporary post of Medical Officer in the Oil and Natural Gas Commission on an initial pay of Rs. 325/- p.m., in the scale of pay of Rs. 325-25-500-30-EB-30-800 (Plus non-practising allowance @ 25% of basic pay subject to minimum of Rs. 150/-). He will be entitled to draw dearness and other allowances at such rates and subject to such conditions as may be laid down in the rules and orders governing the grant of such allowances from time to time".
(2.) The order of appointment was accompanied by conditions regulating his appointment and two of them may be extracted below, as they appear to be very relevant for the purpose of deciding the question at issue:- "(ii) The appointment may be terminated at any time by one month's notice to be given by either side, viz., the appointee or the appointing authority, without assigning any reasons. The appointing authority, however, reserves the right of terminating the services of the appointee without notice or before expiration of the stipulated period of notice by making payment to him of a sum equivalent to the pay and allowances for the period of notice or the unexpired portion thereof. (iii) He will be on probation for a period of one year from the date of appointment. This period may be extended at the discretion of the appointing authority, if necessary. During the period of probation, the services are liable to be terminated at any time without notice, and/or assigning any reasons whatsoever".
(3.) It appears that during the period of his probation there were some reports against the respondent as a result of which a departmental inquiry was held against him but which does not appear to have been proceeded with nor was any punishment imposed on him. After he had completed the period of one year on 15-10-1966, his probation was extended for another six months and before his services were terminated, there was no express order either confirming him or extending the period of probation. Ultimately, by an order dated 28th July, 1967, the services of the respondent were terminated with effect from 28th July, 1967. The order of termination runs thus:- "No 57-191/67/ENT Dated July 28, 1967, OFFICE ORDER Under para 2 (iii) of offer of appointment No. 52/35/65/ENT dated October 16, 1965, the service of Dr. Md. Iskander Ali, Medical Officer (still on probation), is hereby terminated with effect from the date of the service of this order on him".;