1. This petition of Baldev Prasad Chaturvedi under Article 226 of the Constitution of India is directed against the order of Controller of Defence Accounts, Eastern Command, Meerut passed on 5th of October, 1959 terminating his services as a temporary employee under Rule 5 of the Defence Accounts Department (Temporary Service) Rules 1949.

2. The petitioner was appointed a lower division clerk in the office of the Controller of Defence Accounts Eastern Command Meerut on 11th of April, 1955. Subsequently he was transferred on compassionate grounds at his own referred on compassionate grounds at his own request to his home town of Mathura with effect from 16th of September, 1957. On 16th of January, 1959 a letter was issued by the Local Audit Officer calling upon the petitioner to improve his conduct and work failing which his services would have to be terminated. Eventually in pursuance of the impugned order of 5th of October, 1959 the services of the petitioner were terminated with effect form 28th September, 1959. It was mentioned in the order that the petitioner will be paid a sum "equivalent to the amount of his pay plus allowance for one month which is the period of noti