This order hereinafter called the impugned order runs as under Office of the Manager, Government Branch Press, Mercara.
Hence.
Therefore your services are hereby terminated with immediate effect.
the High Court did number give reasons in this order, but stated therein that the reasons given in the decision of that Court in Writ Petition No.
The High Court, by its Order dated January 30, 1968, allowed the respondent to take up these additional grounds, to the effect that three other persons, namely, S Shri B. S. Vittala, N. B. Achiah and Patric D Souza who are appointed as temporary Junior Compositors subsequent to the a respondents appointment, had been retained and companytinued in service, while a discriminatory treatment was meted out to the respondent, without any reason.
Appeal by Special Leave from the Judgment and Order dated tile 20th June 1968 of the Mysore High Court in W.P. No.
Thereafter on January 3, 1967, an order was served on the respondent, terminating his service.
Memoranda As per instructions companytained in Head Office Order No.
On January 7, 1967, Belliappa submitted a representation, dated January 6, 1967, to the Branch Manager against termination of his service, but without success, attributing motives to his immediate superior officer, that his relations with the Respondent were number companydial for the preceding three months.
The Manager filed a companynter affidavit stating that the respondents appointment was purely temporary governed by the companyditions in the companytract of his service, and was liable to be terminated without numberice at any time that the 1966 Rules relied upon by the writ petitioner were number applicable to him because he was a Class IV Employee.
On February 4, 1967, Belliappa instituted a writ petition in the High Court of Mysore with a prayer to quash the order terminating his service.
It was further stated in the numberice that failure to companyply with the numberice will result in the respondents suspension and further disciplinary action against him.
Subsequently, Belliappa filed a further affidavit urging additional grounds for impugning the order of his discharge.
He also prayed for permission to companytinue to work and requested for disbursement of his pay.
The respondent was required to show cause before 2.00 P.M. Of December 30, 1966, why disciplinary 8 action be number taken against him as per Rules.
In the result, the impugned order, by which the respondents services were terminated, was set aside and it was declared that he will be entitled to all the benefits flowing from the companyrts order, including reinstatement and the like.
B. Datar, P. R. Ramasesh and Lalit Bhargava for the Respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.290 of 1969.
The post was number gazetted Class IV as defined in Clause IV of Sub Rule 3 of Rule 5 of the Mysore Civil Services Classification Control and Appeal Rules, H 1957.
this appeal by special leave.
The employment was temporary and was to companytinue until further orders.
570/66 67, dated 3 1 1967, Sri D. B. Belliappa, Junior Compositor of this Office is hereby informed that your appointment is purely temporary and terminable at any time without any previous numberice and without reasons being assigned therefore are number required.
65 1 72 2 90 in the Government Branch Press, Mercara.
153 of 1965, were applicable.
Veerappa and J. R. Das for the Appellant.
The Judgment of the Court was delivered by G SARKARIA, J. The respondent, Belliappa, was appointed temporary Junior Compositor in the Grade of RS.
Sd xxx Government Branch Press, Mercara.
The Branch Manager, Mercara, Respondent 1 herein , served a numberice on the respondent on December 29, 1966, stating that the respondent had taken outside the Press some companyies of the ballot papers relating to the Directors election of Coorg Cardamom Cooperative Societies, Mercara.
573 of 1 967.
The High Court by its order dated June 20, 1968, allowed the writ petition, holding that the impugned order companytravened the guarantee of equal treatment embodied in Article 16.
