Judgment

SARKARIA, J.:- The respondent, Belliappa, was appointed temporary Junior Compositor in the Grade of Rs. 65-1-72-2-90 in the Government Branch Press, Mercara. The post was non-gazetted Class IV as defined in Cl. (iv) of Sub-rule (3) of R. 5 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957. The employment was temporary and was to continue until further orders.

2. The Branch Manager, Mercara, Respondent 1 (herein), served a notice on the respondent on Dec. 29, 1966, statement that the respondent had taken outside the Press some copies of the ballot papers relating to the Directors election of Coorg Cardamom Co-operative Societies, Mercara. The respondent was required to show cause before 2.00 P. M. of Dec. 30, 1966, why disciplinary action be not taken against him as per Rules. It was further stated in the notice that failure to comply with the notice will result in the respondents suspension and further disciplinary action against him.

3. Thereafter on Jan. 3, 1967, an order was served on the respondent, terminating his services. This order (hereinafter called the impugned order) runs as under :

"Office of the Manager, Government Branch Press, Mercara.

Memoranda.

As per instructions contained in Head Office order No, 570/66-67, dated 3-1-1967 Shri 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 notice and without reasons being assigned therefor are not required. Therefore your service are hereby terminated with immediate effect.

Sd/- xxx

Government Branch Press, Mercara."

4. 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 not cordial for the preceding three months. He also prayed for permission to continue to work and requested for disbursement of his pay.

5. On Feb. 4, 1967, Belliappa instituted a writ petition in the High Court of Mysore with a prayer to quash the order terminating his service. He further prayed for a direction that the Manager of the Press (appellant) be directed to appoint him a regular candidate to the post of the Junior Compositor in accordance with the provisions of the Mysore State Civil Services (Recruitment of Local Candidates to Class III) Rules, 1966, with consequential benefits.

6. The Manager filed a counter-affidavit stating that the respondents appointment was purely temporary governed by the conditions in the contract of his service, and was liable to be terminated without notice at any time; that the 1966 Rules relied upon by the writ petitioner were not applicable to him because he was a Class IV employee.

7. Subsequently, Belliappa filed a further affidavit urging additional grounds for impugning the order of his discharge, The High Court, by its Order dated Jan, 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 DSouza who were appointed as temporary Junior Compositors subsequent to the respondents appointment, had been retained and continued in service, while a discriminatory treatment was meted out to the respondent, without any reason. It was urged that in these circumstances, the termination of the respondents service while continuing three others similarly situated, was violative of Art. 16 of the Constitution. At the stage of arguments the respondent gave up his claim for regularisation of service.

8. The High Court by its order dated June 20, 1968, allowed the writ petition, holding that the impugned order contravened the guarantee of equal treatment embodied in Art. 16. The High Court did not give reasons in this order, but stated therein that the reasons given in the decision of that Court in Writ Petition No. 153 of 1965, were a