S.H.A.Raza, J. - (1.) The services of the petitioner, who was appointed as forest guard in the Forest Department, were terminated on 7-8-81 by office order reproduced below ; - "The service of Sri Adya Prasad Pandey temporary forest guard is no more required in the office, hence it is terminated."
(2.) In Para 7 of the counter-affidavit it has been averred that the petitioner was a temporary employee of the opposite-party No. 1 and his services wore liable to termination at any moment without assigning any reason by giving one month's pay in lieu of notice or with one month's notice, hence his services were dispensed with allowing him one month's pay. The petitioner aggrieved against the order of term1 nation filed a claim petition before the U. P. Public Services Tribunal, mainly on two grounds, firstly, that the services of the petitioner were not terminated in a accordance with the Rule 4 of the U. P. Temporary Government Servants (Termination of cervices) Rules, 1975, and secondly, that although the order of termination appears to be innocuous i. e. termination simpliciter but the same was camouflaged into an order of punishment. The Tribunal repelled the contention of the petitioner and dismissed the claim petition. Aggrieved against the order of the Tribunal the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India.
(3.) Learned Counsel for the petitioner has drawn the attention of this Court towards the admitted fact of the case that the petitioner, was admittedly a temporary servant of the State Government and the U. P. Temporary Government Servants (Termination of Service) Rules, 1975 were applicable to him. Rule 4 of the U. P. Temporary Government Servants (Termination of Service) Rules, 1975 is reproduced as under:- "4. (1) Notwithstanding anything to the contrary in any existing rules or orders on the subject, the services of a Government Servant in temporary service 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. (2) The period of notice shall be one month : Provided that the service of any such Government servant may be terminated forthwith, and on such termination the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances, if any, for the period of the notice or as the case may be, for the period by which such notice falls short of one month at the same rates at which he was drawing them immediately before the termination of bis services : Provided further that it shall be open to the appointing authority to relieve a Government servant without any notice or accept notice for a shorter period, without requiring the Government servant to pay any penalty in lieu of notice : Provided also that such notice given by the Government servant against whom a disciplinary proceeding is pending or contemplated shall be effected only if it is accepted by the appointing authority, provided in the case of a contemplated disciplinary proceedings, the Government servant is informed of the non-acceptance of his notice before the expiry of that notice. 4.Savings. - Notwithstanding anything in these Rules, the tenure or continuance of engagement or employment of the following categories of persons shall be governed by terms of their engagement or employment and nothing in these rules shall be construed to require the giving to them, or by it them of one month's notice or pay or penalty in lieu thereof before the termination of their engagement of employment:- (a) persons engated on contract; (b) persons not in whole-time employment of Government; (c) persons paid out of contingencies ; (d) persons employed in a work-charged establishment; (e) persons re-employed after superannuation ; (f) persons employed for a specified period whose services stand determined on the expiry of that period ; (g) persons employed for a specified period on condition that the period may be curtailed at any time ; (h) persons appointed in short term arrangements or vacancies whose services stand determined on the expiry of the arrangement or vacancy. 5. Rescission and saving. - (I) The rule promulgated with Appointment (B) Department Notification No. 236/II-B-1953, dated January 30, 1973 shall stand rescinded with effect from the same date. (2) Notwithstanding such rescission, anything done or any action taken or purporting to be done or taken under the said rule shall be deemed to have been done or taken under these rules.";