Hari Swarup, J. - (1.) Sri Shanker Singh Rawat was appointed Patwari temporary in Patti Talla Chandpur by an order of the Deputy Commissioner, Chamoli, dated 14-3-1963. By a subsequent order dated September 9, 1969, the Deputy Commissioner. Chamoli. gave a notice to the petitioner to the effect that his services were no longer required and on that ground terminated his services with immediate effect. He was given one month's pay in lieu of notice.
(2.) The petitioner has challenged the termination order on the ground that it violated Article 311 of the Constitution. He has also assailed the order on the ground that as respondents Nos. 3 to 58 were juniors to the petitioner and had been retained in service the order violated Article 16 of the Constitution.
(3.) In the counter affidavit it was stated that the petitioner had a bad service record and he was suspended with effect from 4-7-1966 to 1-12-1966 and this period was directed not to be counted in his service. The contention of the respondents Nos. 1 and 2 is that the services of the petitioner were governed by General Rules regarding termination of services of a temporary Government servant published with notification No. 230/11-B-1953, dated 30-1-1953 and they had been terminated in terms of the conditions of service. Rule 1 provides that the services of a temporary Government servant shall be liable to termination at any time by notice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant. Rule 2 provides that the period of such notice shall be one month whether given by the appointing authority to the Government servant or by Govt, servant to the appointing authority. It also provides that the Government may in lieu of notice pay to the Government servant salary for a month.;