Satish Chandra, J. - (1.) This appeal is directed against the judgment of the learned Single Judge setting aside the notice dated October 5, 1970, whereby the services of the respondent was terminated.
(2.) The respondent was appointed as Staff Artist in All India Radio, Bombay, under an agreement executed by him with the Director General of All India Radio respondent No. 2. The agreement was for three years: On the expiry of three years the respondent was re-employed and his contract was renewed on yearly basis upto 30th November, 1964. Thereafter he was re employed on five years' contract. Earlier by an order, dated 31-1-1965 the Government of India had fixed the pay scale of Staff Artists The respondent was placed in the scale of Rs. 110-286 as Copyist. On November 2, 1967 the Government of India passed an order stating that the Staff Artists should be allowed to remain in service upto the age of 55 years. Accordingly, a clause was added to the agreement executed by the respondent Stipulating that the respondent shall remain in service upto December 31, 1985, on which date he was to obtain the age of 55 years. Clause 4(v) of the agreement, however, provided that the respondent's services will be liable to be terminated on six months' notice on either side. In due course the respondent was transferred to All India Radio, Varanasi.
(3.) The Assistant Station Director of All India Radio, Varanasi, issued a notice dated 5th October, 1970. intimation the respondent that his services would stand terminated on the expiry of six months from 5th October, 1970 in accordance with clause 4(v) of the agreement. The respondent challenged the validity of that notice by the writ petition, giving rise to this appeal.;