9911796707
TMI Blog1986 (1) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... On July 27, 1978, the Dy. Secretary of the Government of India communicated to him an Order of the President of India by which he was informed that the President had terminated his service as a Stores Officer with effect from the afternoon of 29th July, 1978. This communication further stated that the respondent would be entitled to claim a sum equal to the amount of his pay plus allowances in lieu of one month's notice at the same rates at which he was drawing them immediately before the termination of his service. The appellant challenged this Order by filing Writ Petition No. 385 of 1981, before the Calcutta High Court. The main contention raised by him in the Writ Petition was that the Order of termination was bad since a sum equivalent to his pay plus allowances for the notice period was not paid to him alongwith the notice as required under the terms of his appointment letter. The learned Single Judge who heard the Writ Petition declined relief to the respondent and dismissed the Writ Petition. Aggrieved by the said Judgment the respondent filed an appeal. The Division Bench agreed with the respondent's case that the termination order was bad inasmuch as the full amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... towards him and therefore suggested to the appellants' counsel to tell the appellants to accommodate him in some place lest he, a youngman, should waste his life without any employment. The learned Counsel for the appellants could not give us any assurance but undertook to convey our suggestions to the authorities concerned. Now, coming to the merits of the case the Order of appointment of the respondent is produced as Annexure-A. mis shows that he was appointed on a temporary basis. It is made clear therein that though the post is temporary, it is likely to continue indefinitely, that the appointment will be liable to be terminated at any time on one month's notice given by either side, thus he will be on probation for a period of two years which may be extended, if necessary, and that the other conditions of service will be governed by the orders and rules in force from time to time. Clause 2(ii) of the Order of appointment is important. It reads: The appointing authority, however, reserves the right of terminating services of the appointee forthwith or before the expiry of stipulated period of notice by making payment to him of a sum equivalent to the pay and all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority to the Government servant; (b) The period of such notice shall be one month, provided that the services of any such Govt. serva nt may be terminated forthwith and on such termination, the Govt. servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for period by which such notice falls short of one month. The proviso to Rule 5(1)(b), before it was amended, pro vided for the simultaneous payment of pay and allowances alongwith the order of termination. The amendment of the proviso to Rule 5(1)(b) was made in 1971 with retrospective effect from May 1, 1965. It is necessary to note that the appellant was appointed to the post of Stores Officer on July 30, 1975, that is after the amended rules came into force. The learned Single Judge relied upon the amended proviso to Rule 5(1)(b) of the rules and held that though the pay and allowances was not paid or tendered simultaneously with the service of the order of termination, the same did not vitiate the termination of the appellant' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces for one month were either paid or tendered alongwith the order of termination. We find that the approach made by the Division Bench is not correct. We would first dispose of the contention raised by the respondent that he was not a temporary hand. The Order of appointment itself makes it clear that he will be on probation for a period of two years which may be extended, if necessary. According to him, a temporary hand is not normally put on probation nor is probation extended in the case of temporary hands. The fact that he was originally put on probation for a period of two years which was extended by one year itself indicates according to him that he is not a temporary hand. This contention need not detain us for long. The appointment order makes it clear that the appointment will be on a temporary basis. The mere fact that he was put on probation does not ipso facto make the appointment any the less temporary and for that reason his extended probation also. Unless the respondent makes out a case based on some rules which requires confirmation to a post on the expiry of the period of probation, he cannot succeed on the mere ground of his being put on probation for a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the operative words of the proviso are the services of any such Government servant may be terminated forthwith by payment. To put the matter in a nut shell, to be effective the termination of service has to be simultaneous with the payment to the employee of whatever is due to him. We need not pause to consider the question as to what would be the effect if there was a bona fide mistake as to the amount which is to be paid. The rule does not lend itself to the interpretation that the termination of service becomes effective as soon as the order is served on the Government servant irrespective of the question as to when the payment due to him is to be made. If that was the intention of the framers of the rule, the proviso would have been differently worded. As has often been said that if 'the precise words used are plain and unambiguous, we are bound to construe them in their ordinary sense.' 'and not to limit plain words in an Act of Parliament by consideration of policy, if it be policy, as to which minds may differ and as to which decision may vary.' This decision was rendered on February 18, 1972. It was the validity of an Order dated September 25, 1968, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng service conditions steps into regulate the relationship between the employer and employee. His emoluments and other service conditions are thereafter regulated by the appropriate statutory authority empowered to do so. Such regulation is permissible in law unilaterally without reciprocal consent. This Court made this clear in two Judgments rendered by two Constitution Benches of this Court in Roshan Lal Tandon v. Union of India, [1968] (1) S.C.R. 185 and in State of Jammu Kashmir v. Triloki Nath Khosa Ors., [1974] (1) S.C.R. 771. Thus it is clear and not open to doubt that the terms and conditions of the service of an employee under the Government who enters service on a contract, will once he is appointed, be governed by the rules governing his service conditions. It will not be permissible thereafter for him to rely upon the terms of contract which are not in consonance with the rules governing the service. The powers of the Government under Art. 309 of the Constitution to make rules regulating the service conditions of the government employees cannot, in any manner, be fettered by any agreement. The respondent cannot, therefore, succeed either on the terms of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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