S. S. Sandbawalia, J. - (1.) This appeal under clause 10 of the Letters Patent is directed against the judgment of the learned Single Judge where) he negatived the petitioner appellant's claim to a twin reliefs and dismissed the writ petition preferred by him.
(2.) At the very outset, it may be noticed that the learned counsel for the appellant herein has focused himself primarily on one of the reliefs claimed in the writ petition and it, therefore, suffices to notice the facts with primary relevance thereto. Kulwant Sain Gupta appellant was appointed as a Laboratory Assistant by the Head Mistress, Government Girls Higher Secondary School, Yamunanagar way back on the 2nd of May, 1964, vide annexure R.3. He continued in the said post till the 14th of May, 1965. Meanwhile the Director, Public Instruction, Punjab by his order, annexure R.4, dated the 2nd of Dec., 1964 had accorded sanction to the post of a Clerk under rule 22 of the School Pupils Fund Rules, 1958, initially for a period of six months. According to this order the incumbent if the post would be entitled to the pay and allowances as admissible to such employees under the relevant rules and the Head Mistress of the School was directed to make the appointment through the local Employment Exchange. It was against this post that the appellant on the 14th May, 1965, was appointed as a Clerk on a six months' basis in that very school under the order of appointment, annexure R. The appellant continued to work against the said post but later vide annexure R. 5 dated the 28th of June, IS 73, he was confirmed in the post of the Laboratory Assistant which he originally held The operative part thereof is admittedly in the following terms : "Order No 1285/1412, dated 28 6-1973. Sh . Kulwant Sain is hereby confirmed as a Lab. Assistant in the grade of Rs 32/42 (now 90/140 w. e. f. 1-12-69) but now working as a Clerk w.e.f. 1-11-69 in accordance with the instructions contained in the DEO Ambala order: No. E 1/71/15544-694, dated 4-5-71. Sd/ Principal, Govt. Girls Hr. Sec. School, Yamunanagar. It deserves pointed notice that the appellant was confirmed as above with retrospective effect from 1st Dec., 1969,and this confirmation admittedly was done in accordance with the instructions issued by the Government of Haryana in the )ear 1971, vide annexure P. 1 to the Writ Petition.
(3.) Now it is the undisputed position that the aforesaid confirmation of the appellants as Laboratory Assistant was subsequently annulled on 23rd Feb. 1976, by the order annexure R. 6. This calls for notice in extenso : "Office order No. 298-300 dated 23-2-76. This Office Order No 1285/14 E dated 28-6-73, confirming Sh. Kulwant Sain as Lab. Assistant w. e. f. 1-11-69 is hereby cancelled, as the same was ab initio invalid and inadvertently passed by the then Principal Smt. P. Kapoor, on the proposal put up by Sh. Kulwant Sain himself, while he had not completed the full duration of probationary period of two years on the post (he had only about one year Govt, service to his credit from 4-5-64 to 14-5-65 and had quit the Govt, service w. e. f 14-5-65 i. e. eight years prior to the date of issue of his confirmation order. This cancellation of confirmation of Sh. Kulwant Sain was inti-mated by Smt.P. Kapoor the then Principal and affirmed by the D. P. I. Haryana. Sd/Principal, Govt. Girls Hr. Secondary School Yamunanagar (Ambala), Endt. No. even dated 23-2-76. Copies for information to: 1. Sh Kulwant Sain C/o Sh. Om Parkash, Ganoli Gate, Chhachh rauli (Ambala) Regd as well as by special Messengers, as he is absent from duty since 18-2-1976 and sending telegrams for casual leave without any address (ii) x x x (iii) x x x" Now it is equally not in dispute that the aforesaid order was passed without any notice or opportunity to the appellant to show cause against the cancellation of his confirmation and even continuation in Service. In this appeal the appellant's learned counsel has now primarily directed his challenge against the same.;