R.C. Shrivastava, J.

1. The suit, out of which this second appeal by defendants has arisen was instituted by the respondent for declaration that an order dated 1-5-1979 terminating his services was entitled to his pay and other benefits for the period from 1-5-1979 onwards.

2. The respondent was initially appointed temporarily as anti Malaraia Lascar in Indian Air Force at Gwalior wide order dated 4-6-1977 (Ex P-14) He was relieved of that post on 31-10-1977 and temporarily absorbed as a labourer (Mazdoo) in E.M.E Workship of the army at Gwalior. The post of labourer was accepted by him vide Ex. D-2. On 30-4-1979 the appellant No 2, who the Commanding Officer of the workshop, passed an order (Ex. P-5) terminating the respondent's services. It reads as follows.

Order of termination of service issued under the proviso to sub-rule (1) of rule 5 of the Central Services (Temporary Service) Rules, 1965.

In pursuance of this proviso to sub-rule (1) of rule of the Central Civil Services (Temporary Service Rules, 1965, I hereby terminate forthwith the service of Shri Mohan Lal Labourer and direct that he shall be paid a sum equivalent to the amount of pay and allowances for a period of