K.C.Varma, J. - (1.) The petitioner is an Advocate practising in Lucknow On 10th April, 1972 the State Government sanctioned the post of Assistant District Government Counsel (Civil) for District Court in Lucknow. In pursuance of the notification sanctioning the said post, the State Government issued a notification inviting application for the post of Assistant District Government Counsel (Civil), Lucknow. A copy of the notification is Annexure 1 to the writ petition On 3-10-1977 the petitioner applied for the post and in the month of January, 1978, the petitioner was appointed an Assistant District Government Counsel (Civil) in Lucknow. On 3 - 1 1978 petitioner took charge of the post. The appointment was on probation for a period of one year On 12-1-1979 after the expiry of the probationary period, the petitioner was appointed to the said post for a period of three years with effect from 3-1-1979. On 25 - x 1979 after the expiry of four months, the petitioners appointment was terminated by Government Order dated 25-5-1979. The order of termination is Annexure 3 to the writ petition. The order of termination dated 25-5-1979, Annexure 3 was challenged by the petitioner by filing a claim against the State Government under the U.P. Public Service Tribunal Act, 1976. Before the Tribunal, a preliminary objection was raised on behalf of the State that the petitioner was not to Government servant within the meaning of U - P. Public Services Tribunal Act, 1976 as she was not in the service or pay of the State Government. The Public Services Tribunal by order dated 9-7-1979, Annexure IV, held that since the petitioner was not a public servant within the meaning of U.P. Public Services Tribunal Act, 1976 the claim petition was not maintainable and on this finding being recorded, the claim petition was dismissed. The petitioner aggrieved by the order of the Tribunal has come up to this court by means of the present petition and it has been prayed that the order of termination dated 25-5-1979, Annexure 3 to the petition, be quashed by the issue of a writ of certiorari. During the course of the arguments it was also prayed that the order of the Tribunal, Annexure 4 to the petition, be also quashed.
(2.) It is not disputed between the parties that the appointment of the petitioner to the said post was made under Chapter VII of the Legal Remembrancer's Manual, 1975 Edition (hereinafter to be referred to as the Manual) It is also not disputed between the parties that the Manual has no statutory force and it is a compilation of Government orders and instructions for the conduct of legal affairs by the State Government. It is also not disputed that the present case is governed by the provisions of the Manual.
(3.) In order to appreciate the controversy between the parties it would be appropriate to quote Section 2 (b) of the U.P. Public Services Tribunals Act, 1976 which defines a Government servant as follows:- "(b) "public servant" means every person - (i) in the service or pay of the State Government, or remunerated by fees or commission for the purpose of any public duty by the State Government ; or (ii) ............................ " Paragraph 1 and 2 of the Manual provides that the District Government Counsel includes an Additional or Assistant District Government Counsel, and except in respect of criminal work, a subordinate District Government Counsel. Paragraph 7 0 i of the Manual provides that the District Government Counsel are legal practitioners appointed by the State Government to conduct cases in any court, other than the High Court, such civil, criminal or revenue cases on behalf of the State Government, as may be assigned to them either generally, or specially by the Government. Paragraph 7 02 (2) of the Manual also provides that the Government may also, wherever, necessary in the interest of efficient and expeditious disposal of business, appoint an Assistant District Government Counsel to assist the District Government Counsel (Civil) in the discharge of his duties Paragraph 7 03 of the Manual provides for the qualifications of District Government Counsel and the Assistant District Government Counsel. The members of the Bar eligible for consideration for the post of Assistant District Government Counsel are those who have at their credit a practice of seven years and the eligible persons may apply for the post when the applications are invited Paragraph 7 06 of the Manual relates to appointment and renewal of the District Government Counsel and the Assistant District Government Counsel. The said paragraph is quoted below "706 Appointment and renewal. - (1) The legal practitioner finally selected by the Government may be appointed District Government Counsel for one year from the date of his taking over charge.............. (2) ................ (3) The appointment of any legal practitioner as a District Government Counsel is only professional engagement terminable at will on either side and is not appointment to a post under the Government. Accordingly the Government reserves the power to terminate the appointment of any District Government Counsel at any time without assigning any cause ".;