K.N.Goyal, J. - (1.) The petitioner was a Family Planning Health Assistant. He was a temporary Government servant for about eight years. His services were terminated by the competent authority on payment of one months pay in lieu of notice by order dated 8-3-1976. Against this termination order the petitioner filed a claim petition. That petition has been dismissed by the Public Services Tribunal. Aggrieved thereby, the petitioner has come to this Court.
(2.) It appears that a large number of posts of Family Planning Health Assistants had been created for motivating persons to undertake vasectomy and tubectomy operations and to use contraceptives devices. The Government found that many officials were not taking sufficient interest in their work and, therefore, it was decided that any such official who had failed to complete even nine vasectomy cases and other family planning work together with which the aggregate was treated to be equivalent to twelve vasectomy cases in a year, Deed not be retained in service. The petitioner was one of the persons whose services were so terminated. The termination order has been found by the Tribunal to be valid because the petitioners performance was not satisfactory and this unsatisfactory performance formed only the background motive.
(3.) On behalf of the petitioner, however, reliance was placed on certain subsequent decisions of the Government issued in April and May, 19/7- The G. Os. are Annexures 4 and 5 to the writ petition. In those G. Os. the new Government had taken the view that if during the years 1973-1976 and 1976-1977 any such Assistant had succeeded in obtaining even one vasectomy case in a year his services need not be terminated and even if any such employees services had already been terminated then be may be taken back in service. The Tribunal took the view that these G. Os. could not invalidate the original termination order validly passed earlier.;