The proviso to sub r. b however gives the Government an additional right in that it gives an option to the Government number to retain the services of the employee till the expiry of the period of the numberice if it so chooses to terminate the service at any time it can do so forthwith by payment to him of a sum equivalent to the amount of his pay plus allowances for the period of the numberice at the same rate at which he was drawing them immediately before the termination of his services, or, as the case may be, for the period by which such numberice falls short of one month.
Apart from the authorities which were cited at the Bar, it appears to us that the rule is capable of the only interpretation that the order of termination can be upheld if the requisite amount in terms of the rule was paid into the hands of the employee of made available to him at the same time as he was served with the order.
The services of the respondent appear to have been terminated on the basis of the directive companytained in a circular dated 12th September 1968 that action should be taken against every employee who absented himself from duty on 19th September, 1968.
Rule, 5 1 a gives the Government as well as the employee a right to put an end to the service by a numberice in writing.
The Judgment of the Court was delivered by Mtter, J. The only question involved in this appeal is, whether the order dated September 25, 1968 terminating the services of the respondent, a temporary Government servant, was in accordance with the provisions of Rule 5 of the Central Service Temporary Service Rules 1965, hereinafter referred to as the Rules.
Appeal by special leave from the judgment and order dated January 5, 1971 of the Kerala High Court in Civil Writ Appeal No.
No companytention was raised at any stage that numberaction companyld be taken under Rule, 5.
534 of 1969.
This said rule reads Termination of temporary service, 1 a The services of a temporary Government servantwho is number in quasi permanent service shall be liable to termination at any time by a numberice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant b the period of such numberice shall be one month Provided that the services of any such Government servant may be terminated forthwith by payment to him of a sum equivalent to the amount of his pay plus allowances for the period of the numberice at the same rates at which he was drawing them immediately before the termination of his services, or, as the case may be, for the period by which such numberice falls short of one month.
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CIVIL APPELLATE JURISDICTION Civil Appeal No.
Under rule 1 b the period prescribed for such numberice is one month.
According to, the respondent the disbursing officer was intimated about the order of termination only on the 28th September when he was supplied with the, necessary funds.
The question is, whether the order of termination of service can be sustained because of absence of payment on the 25th September.
As against this it was alleged in the companynter affidavit to the writ petition filed by the respondent in the High Court that one months pay and allowances had been sent by money order to the respondent.
It is admitted that payment of the salary and allowances was number made to the respondent on 25th September, 1968.
1706 of 1971.
S. R. Chart, A. K. Gupta, S. C. Agarwal and V. J. Francis, for the respondent.
The order was quashed by a learned single Judge of the High Court and this was upheld by a Division Bench in appeal.
H. Dhebar, for the appellants.
To put the matter in a nutshell, to be effective the termination of service has to be simultaneous with the payment to the employee of whatever is due to him.
