K.N.WANCHOO, J.

(1) THIS is an appeal on a certificate granted by the Punjab High court. The appellant was selected for the post of Programme Assistant on 3/05/1949 and was appointed on probation for one year, and the letter of appointment said that during the said period his services might be determinated without any notice and without any cause being assigned. He was asked to accept the offer on this condition. The appellant accepted the offer and joined service on 4/06/1949. His period of probation expired on 3/06/1950, but it was extended from time to time. On 4/07/1952, the appellant was informed that his probation period could not be extended and was called upon to show cause why his services should not be terminated. The appellant showed cause. He was finally informed that the explanation given by him was not satisfactory and that his services were to be terminated after 31/08/1952.

(2) THE appellant then filed a petition under Art. 226 of the Constitution in the Punjab High court and his main contention was that he was entitled to the protection of Art. 31 1 (2) of the Constitution and as this was not afforded to him the order terminating his services was illegal. Besides it was urged on his behalf that he was governed by rr. 49 and 55-B of the Civil Services (Classification, Control and appeal) Rules (hereinafter referred to as the Rules) and therefore lie was entitled to the protection of those rules. As however his services had been terminated without compliance with those rules he was in any case entitled to reinstatement.

(3) THE High court held that the appellant was not entitled to the protection of Art. 311 (2) of the Constitution. It further held that rr. 49 and 55-B of the Rules did not apply to the appellant and he was governed by the contract of his service which provided that his services might be terminated without any notice and without any cause being assigned during the period of probation. The High court further held that rr. 49 and 55-B would not in any case apply to the appellant in the face of the contract under which he was appointed in view of r. 3 (a) of the Rules. The petition was consequently dismissed, but the High court granted a certificate to the appellant that the case was a fit one for appeal to this court; and that is how the matter has come up before us.

(4) IT, is not in dispute that the appellant was never confirmed in his appointment. It is also not in dispute that though the letter of appointment said that the appellant will be on probation for a period of one year, his probation period was extended from time to time. We agree with the High court that though the letter of appointment did not say in so many words that the probation was likely to be extended, it was implicit therein that the probation would continue till such time as the appellant was confirmed or discharged and so would the-term in the appointment letter that his services were liable to be terminated without any notice and without any cause being assigned, during the period of probation.

(5) THE first question that falls for determination is whether the appellant is entitled to the protection of Art. 311 (2); for if he is entitled to that protection it is not disputed that that provision was not complied with in this case before his services were terminated. It is now well settled that the protection of Art. 311 of the Constitution applies to temporary government servants also where dismissal, removal or reduction in rank is sought to be inflicted by way of punishment. But it is equally well settled that where the services of a temporary government servant are terminated not by way of punishment, Art. 311 will not apply and the services of such a servant can be terminated under the terms of the contract or by giving him the usual one months notice . [see, Parshotam Lal Dhingra v. Union of India (1)]. Further it is equally well settled that a government servant who is on probati