J.C.Gupta, J. - (1.) By means of this writ petition, the petitioner has prayed for the quashing of the termination order dated November 14, 1984 contained in Annexure-6 to the writ petition, to issue direction to reinstate the petitioner in the service, to pay him the arrears of salary and allowances and confer consequential benefits of seniority etc. as if the termination order had never been made. It has also been prayed that a writ of mandamus be issued commanding the respondents to make a requisite order allowing the petitioner to cross the efficiency bar at the stage of Rs. 1770/- with effect from July 1, 1984.
(2.) The petitioner under the order of the Managing Director of the Garhwal Mandal Vikas Nigam Limited (hereinafter referred to as the 'Nigam') dated January 4, 1978, was appointed as Finance Manager after the approval of the State Government, He was initially appointed temporarily on one year's probation. The appointment letter provided that his services would be terminated at any time on one month's notice or on payment of one month's salary in lieu of notice. It is stated that on June 18, 1979 the petitioner was promoted to the next higher grade with the approval of the chairman of the Nigam. After the expiry of the period of probation, the petitioner stood confirmed and the petitioner was a "regular employee" within the meaning of Section 3 (xviii) of the Garhwal Mandal Vikas Nigam Ltd. General Service Rules.
(3.) The services of the petitioner were terminated by means of the impugned order dated November 14, 1984 (Annexure-6 to this writ petition). The said order purports to have been issued under Rule 23(2) of the Service Rules by paying three months salary in lieu of three months notice.;