GYANENDRA KUMAR, T. P. MUKERJEE
Swami Saran Saxena – Appellant
Versus
State of U. P – Respondent
JUDGMENT
Gyanendra Kumar, J. - This is an appeal against the judgment and order of the learned Single Judge dated May 8, 1967 dismissing the writ petition of the appellant and refusing to quash the order of the appellant's termination of service, dated May, 18, 1966.
2. Briefly stated the facts of the case are that by means of an order dated November 23, 1954 (Annexure I to the writ petition) the appellant was appointed as a temporary judicial Officer at Aligarh. In the aforesaid letter it was specifically mentioned that the appellant's appointment was liable to termination at any time on one month's notice of discharge of either side or one month's pay in lieu of notice by Government in accordance with Government's Notification No. 230/-B-1953 dated January 30, 1953 (Annexure II to the writ petition), a copy whereof was enclosed with the appointment letter. It would be advisable at the outset, to quote the material contents of Annexure II "In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of U. P. is pleased to make the following general rule regulating the termination of services of temporary Government servants:
(1) Notwi
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