Agarwala, J. - (1.) This is a special appeal against a judgment of a learned single Judge of this Court on a petition under Article 226 of the Constitution.
(2.) The appellant was employed by the Posts and Telegraphs Department as a telegraph messenger, Bamrauli, in the year 1945. He was declared a quasi-permanent servant with effect from 1-7-1948. Soon after this the District Telegraph,. Office at Bamrauli was abolished and the appellant's services were transferred to the combined Post and Telegraph Office, Bamrauli, under orders of the Post Master General dated 15-5-1951. On 4-11-1952 the appellant received a notice dated 31-10-1952 from the Inspector of Post Offices, Allahabad, informing him that his services would be terminated under Rule 5, Central Civil Services (Temporary Service) Rules, 1949, after a month of the receipt of the notice by him. The appellant preferred an appeal to the Senior Superintendent of Post Offices, Allahabad, taut before it was disposed of he came to this Court with an application under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the order dated 31-10-1952 dispensing with the services of the appellant. His case was that Rule 5, Central Civil Services (Temporary Service) Rules, 1949, applied only to temporary government servants and not to quasi-permanent servants, and as such the order of termination of his services was illegal.
(3.) In the counter affidavit filed on behalf of the respondents the termination of the services of the appellant was sought to be justified not under Rule 5, but under Rule 6 which is in the following terms : "The service of a Government servant in. quasi-permanent service shall be liable to termination "(i) in the same circumstances and in the-same manner as a Government servant in permanent service, or "(ii) when the appointing authority concerned has certified that a reduction has occurred in the number of posts available for Government servants not in permanent service: "Provided that the service of a Government, servant in quasi-permanent service shall not be liable to termination under Clause (ii) so long as any post of the same grade and under the same ap-pointing authority as the specified post held by him, continues to be held by a Government servant not in permanent or quasi-permanent service: "Provided further that as among Government servants in quasi-permanent service whose specified posts are of the same grade and under the same appointing authority, termination of service consequent on reduction of posts shall ordinarily take place in order of juniority in the list referred to in Rule 7.";