690/85 filed by him before the Delhi High Court, required companysideration as to its companyrectness.
690/85 under Article 226 of the Constitution of India before the High Court of Delhi.
After some more time had lapsed, the appellant was again offered service and was appointed on February 20, 1984 as a Peon on temporary basis by the second respondent.
196/ p.m. in the scale of pay of Rs.
196 3 220 EB 3 232/ , and until further orders.
Shri Mohan Singh Negi 3.
It is the companyrectness of this order which is sought to be challenged in the present appeal.
A Division Bench of the Delhi High Court dismissed the petition on August 7, 1985 holding that as the posts of Chowkidar had been abolished there was numbermerit in the Writ Petition and that if the appellant had number been paid one months salary he can move the appropriate Court.
We may also appositely extract the order of termination of service issued to the appellant on June 30, 1983.
The power to terminate the Services of an employee may be exercised by the appointing authority.
Name 1.
The terms of the appointment were that the appointee would be on probation for a period of two years from the date of assuming charge of the post and the period of probation would be subject to extension at the discretion of the appointing authority and furthermore the appointment was liable to be terminated at any time without numberice during the period of probation and thereafter on one months numberice or on payment of one months salary in lieu thereof on either side.
Shri Mohan Singh 2.
Corporation w.e.f.
By an order dated June 30, 1983 the appellant was informed that companysequent on the abolition of 5 temporary posts of Chowkidar his services as well as those of 4 other Chowkidars have been terminated under Regulation 12 of the National Cooperative Development Corporation Service Regulations hereinafter referred to as the Service Regulations .
The limited facts which call for mention for the purposes of this appeal are as under.
The appellants claims were rejected by the second respondent and hence he filed Civil Writ Petition No.
sd S. Pathania Deputy Director Admn.
The representation did number meet with success, but after a short interval of time the appellant was offered a temporary post of Chowkidar in the Regional Office of the second respondent at Bangalore, but he declined the offer for reasons of his own.
2 herein .
After the formalities of acceptance were over the appellant was issued an order of appointment extracted below on March 7, 1981 and he assumed charge on the same day The General Manager, National Cooperative Development Corporation, is pleased to appoint Shri Bachi Ram as a temporary Chowkidar in the National Coop.
The appellant made a representation to the second respondent that he may be given appointment in some other capacity in view of the fact that he is an ex serviceman and the sole bread winner for a family of 10 members.
Natarajan, J. Special leave has been granted for this appeal on the sole ground that a recent decision of the Bombay High Court in Textile Committee v. K.A Malani 1983 1 S.L.R. P. 416, heavily relied on by the appellant to challenge the dismissal of Civil Writ Petition No.
3.3.81 FN at a basic pay of Rs.
The appellant then laid a claim that he is entitled to permanency of service as well as companytinuity of service together with attendant benefits from the date of termination of service till his re employment as Peon on February 20, 1984.
On February 11, 1981 the appellant was offered a temporary post of Chowkidar in the National Cooperative Development Corporation Respondent No.
