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1981 Supreme(SC) 162

S.MURTAZA FAZAL ALI, A.V.VARADARAJAN, A.N.SEN
Commodore Commanding, Southern Naval Area, Cochin – Appellant
Versus
V. N. Rajan – Respondent


Advocates:
K.S.Gurumurthy, M.M.ABDUL KHADER, N.SUDHAKARAN, R.N.Poddar, T.C.RAGHAVAN

Judgment

VARADARAJAN, J.:- This appeal by special leave is directed against the judgment of a Division Bench of the Kerala High Court in Writ Appeal No. 620 of 1969, which had been filed by the appellant against the judgment of the learned single Judge of that High Court, allowing O. P. No. 672 of 1969. O. P. No. 672 of 1969 was filed under Art. 226 of the Constitution challenging the termination of the service of the respondent by the appellant by the order dated 17-1-67. That order is to the effect that in accordance with the terms and conditions of his service the respondent stated to be a temporary Ammunition Repair Labourer Grade II, Naval Armaments Depot, Alwaye, is informed that his service is thereby terminated with effect from the date of service of that order on him. That order further states that respondent will be paid a sum equivalent to the amount of his pay plus allowances for the period of notice, due to him, that is, for one month in accordance with the provisions of the Navy Instruction 22/53, as amended and that the payment of allowances will, however be subject to conditions under which such allowances are admissible.

2. The respondent having been recommended by t


















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