Judgement

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 Serv LR 416, heavily relied on by the appellant to challenge the dismissal of Civil Writ Petition No. 690/85 filed by him before the Delhi High Court, required consideration as to its correctness.

2. The limited facts which call for mention for the purposes of this appeal are as under.

3. On February 11, 1981 the appellant was offered a temporary post of Chowkidar in the National Co-operative Development Corporation (Respondent No. 2 herein). 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 notice during the period of probation and thereafter on one months notice or on payment of one months salary in lieu thereof on either side.

4. 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 Co-op. Dev. Corporation w.e.f. 3-3-1981 (FN) at a basic pay of Rs. 196/- p.m. in the scale of pay of Rs. 196-3-220-EB-3-232/-, and until further orders.

Sd/-

(B. S. Pathania)

Deputy Director (Admn.)"

5. By an order dated June 30, 1983 the appellant was informed that consequent 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 Co-operative Development Corporation Service Regulations (hereinafter referred to as the "Service Regulations").

6. 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. The representation did not 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.

7. 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. The appellant then laid a claim that he is entitled to permanency of service as well as continuity of service together with attendant benefits from the date of termination of service till his re-employment as Peon on February 20, 1984. The appellants claims were rejected by the second respondent and hence he filed Civil Writ Petition No. 690/85 under Art. 226 of the Constitution of India before the High Court of Delhi. 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 no merit in the Writ Petition and that if the appellant had not been paid one months salary he can move the apporpriate Court. It is the correctness of this order which is sought to be challenged in the present appeal.

8. The only ground canvassed for admission of the special leave petition was that the judgment of the High Court is in direct conflict with the judgment of the High Court of Bombay in Textile Committee case (1983 (1) Serv LR 416) (supra) in which it has been held, following the judgment of this Court in Senior Superintendent, R. M. S. Cochin v. K. V. Gopinath, (1972) 3 SCR 530 : (1973) 3 SCC 867 : 1973 SCC (Lab) 277 : (AIR 1972 SC 1487) that non-compliance with the conditions relating to termination of service (namely, service of one months notice or payment of one