Rakesh Tiwari - (1.) -Heard the learned counsel for the parties.
(2.) THE petitioner by means of this writ petition prays for the relief in the nature of certiorari quashing the order dated 22nd May, 1992 passed by respondent No. 3, which has been appended as Annexure-2 to the writ petition. Annexure-2 is an order dated 22nd May, 1992, which states that in compliance of the order passed by the District Magistrate/ Collector, Ghaziabad, dated 21st May, 1992, he is relieved from the post of Seasonal Amin (temporary) with immediate effect. The terms and conditions of the termination of service of Collection Amins are contained in Rule 3 of the Uttar Pradesh Temporary Government Servants (Termination of Services) Rules, 1975. The petitioner has not stated in the writ petition that he was selected and appointed as Collection Amin in accordance with law and in accordance with the procedure prescribed in the rules for appointment of Seasonal Collection Amin. Counsel for the petitioner has relied upon Rule 3 of the Uttar Pradesh Temporary Government Servant (Termination of Services) Rules, 1975 and has contended that since the services of the petitioner have been terminated in violation of the aforesaid rules as he has not been paid either one month's pay or notice in lieu thereof, hence the termination of the petitioner is liable to be set aside. Rule 3 of the Uttar Pradesh Temporary Government Servants (Termination of Services) Rules, 1975, provides as under : "3. Termination of Service.-(1) Notwithstanding anything to the contrary in any existing rules or orders on the subject, the services of 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 : Provided that the services 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 allowance, 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 his services :
(3.) FROM the perusal of first proviso to Rule 3, it appears that the services of a 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 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 his services. In other words, it means that under the proviso to Rule 3 of the Uttar Pradesh Temporary Government Servants (Termination of Services) Rules, 1975, the petitioner has no claim to the service or the post on which he has been temporarily appointed. The aforesaid Rule is not mandatory and payment of wages is not a condition precedent. The petitioner is only entitled to claim one month's salary in lieu of notice thereof.;