The untrammelled pleasure of the President, if subjected to Rules framed for the termination of service, must be bound by those Rules.

1. We think the court below was right and that no interference is called for in this appeal, preferred by the Union of India and the Commanding Officer, Naval Base, Cochin, against the judgment of the Sub Court, Cochin, decreeing the plaintiff's suit to declare the termination of his service illegal and for reinstatement with arrears of pay, or alternatively for compensation for wrongful termination of service. The court below declared the termination of service illegal and, granted a decree for Rs. 25,000/- as compensation with interest at 6 % per annum.

2. The plaintiff-respondent was a Welder, Grade II, in the Civilian Defence Forces, at the Naval Base, Cochin. His service was terminated by Ext.A-1 order of the Government of India, Ministry of Defence, dated 25-10-1968, without assigning any reason whatsoever. The plaintiff at the time of termination of service, was aged only 41, and would be normally entitled to continue in service till sixty years of age. The defence was that the plaintiff's tenure was one under the pleasure of the President, and was therefore liable to termination, without assigning any reasons. It was found by the court below that the termination offended the provisions of the Central Civil Service (Classification, Control and Appeal) R.1965, and was therefore illegal. It was on this ground that damages were decreed in favour of the plaintiff.

3. There was no controversy that the Rules applied to the plaintiff; nor was it denied that there had been no compliance with the Rules. What was argued was that the termination being at the pleasure of the President, under Art.310 of the Constitution, the same would override Art.309, or the Rules framed thereunder. It would be convenient to read Art.309, 310 and 311 of the Constitution.

"309. Recruitment and conditions of service of persons serving the Union or a State. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.

310. Tenure of office of persons serving the Union or a State. (1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, hot being a member of a defence service or of an all-India Service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor as the case may be deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, requir