P.B.Mukharji, J. - (1.) This is an application by Subrata Kumar Chatterjee under Article 226 of the Constitution against his order of discharge from railway service. The order is dated 9th April, 1957 stating: "Your services are terminated with effect from 11-4-57. Arrangements are being made to settle you up immediately." The communication is made by the Deputy Chief Accounts Officer of the Eastern Railway.
(2.) The petitioner is a purely temporary probationary accounts clerk in the Accounts Department of the Eastern Railway in the scale of Rs. 55-130/-. In the letter of temporary appointment dated 22nd February, 1956 the contract of service is set out. The contract provides inter alia "1. Your appointment is also subject to your character and antecedents being satisfactorily verified by the civil authorities in accordance with the rules in force from time to time. 2. It must be clearly understood that the appointment is terminable on 14 days' notice on either side except that no such notice will be required on return to duty of the absentee in whose place you may be engaged, in which case your services will automatically terminate from the day the former resumes duly. Also no such notice will be required if the termination of services is due to your mental or physical incapacity or to your removal or dismissal for serious misconduct. 3. You will not be eligible for any pension nor any benefit under the State Railway Provident or Gratuity Rules or to any absentee allowances beyond those admissible to temporary employees under the rules in force from time to time during such temporary service."
(3.) Under these terms of contract he was also required to take the oath of allegiance to the Government of India by declaring that he 'will be faithful and bear true allegiance to India and to the Constitution of India as by law established and that' he will loyally carry out the duties of office'.;