C.G.Suri, J. - (1.) This second appeal of the defendant - Post Graduate Institute of Medical, Education and Research at Chandigarh, filed through its Director, would have succeeded on merits after crossing a number of technical hurdles placed in its way, were it not for the last contention raised by Shri Bhandari, the learned counsel for Shri Sham Lal plaintiff-respondent No. 1.
(2.) Shri Sham Lal had filed this suit for declaration, challenging an order dated 17-10-1968, Exhibit D. 1, passed by the Director of the appellant Institute, terminating the plaintiff-respondent's temporary services as a Clerk of the Institute, in accordance with paragraph 2 of the letter of appointment, Exhibit D 2, dated 25-10-1963, with an offer of salary and allowances in lieu of one month's notice stipulated in the appointment letter. The impugned order does not show, on the face of it, that the termination of plaintiff-respondent's services had been ordered as a punishment or penalty and there is nothing in this order which may seem to carry a stigma reducing the plaintiff respondent's future prospects in the matter of securing employment elsewhere.
(3.) The trial Court had decreed the suit and the judgment and decree had been affirmed on first appeal filed by the defendant-Institute The Institute had therefore, to come up in further appeal to this Court. The Courts below may appear to have probed into the departmental files in order to come to the finding that the termination of the appellants services had been ordered as a punishment or penalty. This was in complete disregard of a string of rulings of the High Courts and the Supreme Court of India on the question of the nature of tenure of such temporary employees where their services were terminated in accordance with the conditions of their service. It would be helpful if relevant portions of the appointment letter relating to the plaintiff respondent and the impugned order were reproduced at this stage. Paragraph 2 of the appointment letter, Exhibit D. 2, runs as follows:- "2. You will be a temporary employee and your appointment will be terminable on one month's notice on either side except in case of removal for misconduct or your character and antecedents being reported to be unsatisfactory, in which case your services will be terminated without any notice or payment of salary in lieu thereof. It will, however, be open to Government to pay in lieu of notice, your salary etc. for the period by which the notice falls short of one month. Similarly, if you wish to resign quit your post, you may do so by depositing with Government, your salary and allowances in lieu of notice in respect of the period by which it falls short of one month". The impugned order terminating the plaintiff-respondent's services runs as follows: "Your services are no longer required at this Institute. The same are, therefore, terminated with immediate effect in accordance with condition No. 2 of your appointment letter. You should contact the Financial Adviser of this Institute for getting salary and allowances in lieu of one month's notice, as stipulated in your appointment letter. Sd/- Director, P. G. I Chandigarh.";