Judgment

MOHAN, J.- Leave granted.

2. This appeal by special leave is directed against the judgment dated 21-7-1993 of the High Court of Punjab and Haryana at Chandigarh in CWP No. 15366 of 1992.

3. The State of Haryana is the first appellant. The father of the respondent was employed as a Constable in the office of the Superintendent of Police at Ambala. He died in harness on 14-3-1976. There are instructions issued by the appellant dated 22-12-1970 containing a scheme under which the widow of the deceased employee could sponsor the name of any one member of the family for service to any post in any department of the Government. This is subject to the qualifications held by the persons whose names were forwarded for appointment. In accordance with this scheme the widow of the deceased employee was issued an intimation that she could sponsor a name. Accordingly she forwarded the name of her son, Naresh Kumar Bali, the respondent herein. On 3-8-1988 the mother of the respondent wrote a letter to the second appellant categorically stating that her son was willing to do the job of a clerk and, therefore, should be appointed e to the said post. Pursuant to this letter requisite sanction was obtained from the Government. Thereafter the following letter of appointment was issued on 14-2-1989:

"APPOINTMENT LETTER AS CLERK

Registered From:

The Director General of Police & The Inspector General of Police,

Haryana, Chandigarh.

To,

Shri Naresh Kumar,

S/o Shri Ram Dass,

House No. 774/1, Chhota Nagar,

V. & P.O. Buriya, Teh. Jagadhri,

Distt. Ambala.

No. 1314 /SA(3) dated Chandigarh, the 14-2-1989. Subject: Employment for Temporary Clerk.

Memorandum :

1. In terms of Haryana Government Circular letter No. 3442-3GS-II/71/19169, dated 13-7-1971, you are offered a purely temporary appointment of Clerk in this department, in the pay scale of Rs 950-1500 and such allowances as may be admissible from time to time. This offer of appointment is subject to the condition that you are declared medically fit for employment in government service by the Principal/Chief Medical Officer concerned and if married you have only one living spouse.

2. It should be clearly understood that this offer of appointment is for a purely temporary post, which is liable to be abolished at any time and carries no promise of subsequent permanent employment. Consequently, you may be required to go out of service without notice i.e. whenever there is no vacancy against which you can be / appointed to officiate. It is, thus, clear that no offer of permanent appointment can be made to you at present and in this respect, you will have to take your chance like others, who are similarly recruited.

3. Your services will be liable to termination without notice, if your work or conduct is unsatisfactory or the post against which you itf are posted, ceases to exist or some senior man has to be adjusted ; against it.

4. If you at any stage, desire to resign your post in the Police "." Department, you will be required to give one months notice or forfeit in lieu thereof your salary including allowances for one month, or for the period by which the notice falls short of one month. Such that notice will also be given to you by the department, to case (sic) it as proposed to terminate your services, for reasons after then these mentioned in paragraphs 1, 2 and 3 above. The department will also be liable to pay your salary including allowances for one month or for the period by which the notice falls short of one month. In case of misconduct, however, you will be entitled to reasonable opportunity to show cause why your services should not be terminated, in which case the condition of one months notice shall not apply.

5. In accordance with the instructions issued by the Haryana Government, vide their letter No. 39/4/78/GS-I, dated 3-4-1978, you are required to pass a test to be conducted by Head Officer of the office to which you are being posted, in English or Hindi typewriting at a speed of 30/25 words per