D.S.P.Chauhan, J. - (1.) The petitioner, with the approval of the District Assistant Registrar Co-operative Society, U. P. District Bulandshahar, dated 18-3-1991, was appointed as Clerk/Assistant Amin in Sadhan Sahkari Samiti Limited, Jawal, vide letter of appointment dated 20-3-1991, pursuant to which the petitioner joined his services. Before joining his services the petitioner was required to give certain informations vide letter of the Assistant Secretary, Block Development Officer (Co-operative) dated 13-1-1992. In para 3 of the said letter it was stated that the petitioner was not qualified for the post of Clerk and at the time of his appointment, he was, overage and was not eligible for appointment, and on this his service would, be terminated. The petitioner on 17-1-1992 submitted a reply to the District Assistant Registrar, Co-operative Society, Bulandshahar, dated 7-1-1992, and the letter of the Block Development Officer dated 13-1-1992. Services of the petitioner were terminated by resolution of the Committee of Management No. 2 dated 22-2-1992, which was communicated by the Secretary of the Sadhan Sahkari Samit Limited, Jawal, to the petitioner. This order dated 22-2-1992 is the subject matter of challenge in the present petition.
(2.) Heard the learned counsel for the petitioner.
(3.) Learned counsel for the petitioner submits that the services of the petitioner are governed by the U. P. Co-operative Societies Employees Services Regulations 1975, and the order of termination is bad as it is not in accordance with the provisions of Regulation 19 which is as extracted below : "19. Termintion. Services of an employee shall be terminable : (a) in case of a temporary employee, on one month's notice in writing on either side, or in lieu thereof by payment of one month's salary by the party which gives notice : Provided that in case of direct appointments made for a specific period, it shall not be necessary to give any notice or any pay in lieu thereof. Explanation. 'Specific period' means stated period' of less than six months. (b) by three months' notice in writing on either side in case of a confirmed employee. Explanation. (1) A notice given by an employee under Regulation No. 19 shall be deemed to be proper only if he remains on duty during the period of the notice : Provided that the employee may be allowed on request to avail such portion of earned leave as may be due to him which shall however not exceed the notice period. (2) The expression 'month' used in this regulation shall be a period of thirty days commencing on the date immediately following the date on which the notice is received by the employee of the appointing authority, as the case may be". He submits that under this regulation even services of a temporary employee cannot be terminated without one month's notice in writing on either side or in lieu thereof by payment of one month's salary by the party which gives the notice. He has led stress on the words "by payment," He further submits that the termination of the services of the petitioner is retrenchment within the meaning of Regulation 27 of the said Regulations.;