K.K. Birla, J. - (1.) PETITIONER was appointed as an Extra Departmental Branch Post Master, Gopalpur, by an order dated 26th June, 1982 (Annexure 1 to the writ petition). His services were terminated by an order dated 13th October, 1982 in exercise of the powers conferred under Rule 6 of the Post and Telegraph Extra Departmental Agents (Conduct and Service Rules, 1964) (hereinafter referred to as the Rule). The aforesaid order (Annexure 3 to the petition), is quoted below: In exercise of the powers conferred under Rule 6 of P. and T.E.D.A. (Conduct and Service) Rule, 1964 the services of Sri Bal Govind Dubey E.D.B.P.M. Gopalpur Jaunpur appointed vide this office memo no. Even dated 26 -6 -1982 are hereby terminated with immediate effect. Sd. Supdt. of Post Offices Division Jaunpur. One Surya Narain Dubey had died and Smt. Vidhyawati Devi, opposite party No. 3, his widow had also applied to the post as alleged in para 3 of the petition. According to the petitioner, Smt. Vidhya Wati Devi did not possess the minimum educational qualification for the post.
(2.) IN para 8 of the Writ Petition the above mentioned Rule 6 had been quoted which is as under: Termination of Service. - -The services of the employees who has not already rendered more than 3 years continuous service from the date of appointment shall be liable to termination by the appointing authority at any time without notice for generally unsatisfactory work or on any administrative ground unconnected with his conduct. The contention of the learned counsel for the petitioner is that in the impugned order there is no mention that the work of the petitioner was unsatisfactory nor any administrative ground had been mentioned and as such termination is illegal and arbitrary. In the appointment letter (Annexure 1 to the petition) it is mentioned that the petitioner was appointed provisionally. There is no dispute that the petitioner will be governed by the aforesaid Rule. In the counter -affidavit filed by respondent No. 1 it is mentioned that the post had fallen vacant on the death of Sri Surya Narain Dubey, that the petitioner was selected provisionally. Afterwards it was found that Smt. Vidhya Wati Devi had requisite educational qualification for the appointment on the above post and that it was decided to provide Extra Departmental Branch Post Master's post to one member of the family of the deceased that as such the claim of the widow of deceased was found admissible and the petitioner's appointment was ordered to be cancelled and Smt. Vidhyawati Devi was ordered to be appointed. Therefore, the case of the respondent is that the services of the petitioner which were provisional were terminated so as to give appointment to the widow of the deceased employee and that earlier it was wrongly held that she did not possess minimum educational qualification.
(3.) IN Para 13 of the counter -affidavit it is mentioned that vide D.G.P. & T. New Delhi communicating No. 10/82/Vig. III dated 19 -7 -82 the words "for generally unsatisfactory work or on any administrative ground, unconnected with his conduct have been deleted. Therefore, that being so now the amended Rule 6 provides that the services of an employee rendering 3 years of the continuous services shall be liable to termination by the appointing authority.;