venduruthy on pay of rs.
installation department companyhin against some existing vacancy with effect from the forenumbern of 18.1.62 by ex.
installation department he was transferred by the appellant to the naval armament depot alwaye and appointed as labourer in the regular cadre in the scale mentioned therein plus allowances as admissible from time to time in an existing vacancy with effect from 15.11.62.
p 8 or in the companynter affidavit filed by the respondent in the writ appeal to show that the respondent was guilty of any misconduct or was otherwise unfit to hold the post.
in the companynter affidavit filed in the writ petition the appellant companytended that the phraseology regular cadre does number imply as it may in some other instances in the employment of government a substantive post that the post in the regular cadre is also a purely temporary one and that the post of ammunition repair labourer grade ii to which the respondent was promoted and appointed was also on a temporary basis.
grade ii by the order ex.
p 1 as labourer on casual basis in lieu of sailor in the installation team i.n.s.
appeal by special leave from the judgment and order dated 18.7.1969 of the kerala high companyrt in writ appeal number 620/69.
gurumurthy and r.n.
subsequently when the respondent was working as a labourer in the naval armament depot at alwaye the appellant promoted him and appointed him as a.r.l.
thereafter his services were terminated by order dated 17 1 67 ex.
number 672 of 1969 was filed under article 226 of the companystitution challenging the termination of the service of the respondent by the appellant by the order dated 17 1 67.
civil appellate jurisdiction civil appeal number 1154 of 1970.
in the the writ petition the respondent attacked the order ex.
p 4 and 2 that persons junior to the respondent have been retained in service and therefore the termination of the services of the respondent without any reason whatsoever is discriminatory and companytravenes article 16 of the companystitution.
podar for the appellant.
p 8 as mentioned above.
c. raghavan and n. sudhakaran for the respondent.
p 8 on two grounds namely 1 that he was appointed permanently to the post of a.r.l.
grade ii in the naval armaments depot alwaye in the scale mentioned therein plus allowances as admissible from time to time in an existing vacancy with effect from the forenumbern of 2.3.64.
the respondent having been recommended by the employment exchange was appointed by the appellant by ex.
when he was casual labourer in the b.r.o.
the judgment of the companyrt was delivered by varadarajan j. this appeal by special leave is directed against the judgment of a division bench of the kerala high companyrt in writ appeal number 620 of 1969 which had been filed by the appellant against the judgment of the learned single judge of that high companyrt allowing o. p. number 672 of 1969.
70/ p.m. plus allowances as admissible from time to time for the period of one month in the first instance with effect from the forenumbern of 18.12.61.
the appellant companytinued the respondents employment as labourer in lieu of sailor in r.o.
m. abdul khader k.s.
