Termination of services in defense sector is justified under Article 310, and compliance with contractual terms outweighs procedural violations in statutory rules, especially where Article 311 does not apply.

1. The Petitioner is a civilian in the defence services. He has filed this petition under Art.226 of the Constitution to set aside an order passed by the President of India terminating his services as Lecturer in the National Defence Academy, Khadakvasla, and reverting him to the post of Section Master, Rashtriya Indian Military College, Dehra Dun, his parent department, on which post he held a lien, and a consequential order directing him to proceed to Dehra Dun on reversion to his parent department.

2. In September 1947 the Petitioner was appointed as Section Master in the Prince of Wales Royal Indian Military College at Dehra Dun (now known as 'The Rashtriya Indian Military College') in the grade of Rs. 275-50-800 - with duty allowance of Rs. 100/- per month and free accommodation. This appointment was for a period of one year pending recruitment of a candidate through the Federal Public Service Commission. In 1948 three posts of Section Master and six posts of Senior Master in the Prince of Wales Royal Indian Military College, Dehra Dun, were advertised for recruitment. The revised grade of pay shown for the posts of Section Master was Rs. 350-25-500-30-560 and that for the posts of Senior Master was Rs. 250-15-400. The Petitioner submitted his application for both posts. He was, however, selected as a Senior Master by an order dated August 14, 1948 on the salary of Rs. 295/- per month in the grade of Rs. 250-15-400. Originally the said appointment was stated to be on probation, but by a subsequent order dated August 21/23, 1948 the said condition of probation was removed. On his appointment to this post, the facilities of free accommodation and allowance of Rs. 100/- per month which the petitioner was given as Section Master were not allowed to him, and further a sum of Rs. 183/- per month was directed to be deducted from his future salary. In the same year the posts of Readers and Lecturers in the National Defence Academy, Khadakvasla, (hereinafter for brevity's sake referred to as 'the Academy') were advertised by the Federal Public Service Commission. The petitioner applied for both these posts also. The Commission selected him for the post of a Lecturer, and by the letter dated December 14, 1948 from the Deputy Secretary to the Government of India he was offered a temporary appointment on five years contract as a Lecturer in English subject to the condition that he would be on probation for twelve months and would hold a lien on his permanent post of Senior Master in the Prince of Wales Royal Indian Military College for the period of this appointment. The salary offered to him was a starting pay of Rs. 500/- per month in the scale of Rs. 500-30-800. The Petitioner accepted this appointment and joined the Academy. Thereafter a contract containing the terms and conditions of his appointment was forwarded to the Petitioner for his signature. The petitioner has contended in the Petition that this contract never came into effect inasmuch as though the Petitioner signed it the same was not signed on behalf of the President. During the course of hearing the original of this contract was produced by Mr. Advani, learned counsel for the Respondents, and as it bore the signature of the Joint Secretary to the Government of India, Ministry of Finance, for and on behalf of the President, the Petitioner abandoned this contention. From the original it appears that the date typed in the body of the contract is December 16, 1948, but the stamps have been cancelled on August 16, 1952. It further appears that the contract was signed by the Petitioner on September 13, 1952. There is, however, no date under the signature of the Joint Secretary. Before adverting to the relevant terms of this contract it is necessary to refer to an order by which the terms of this contract were varied in one material respect. By a letter dated January 15, 1964 addressed to the Chief of the Army Staff and the Commander - in - Chief, Army, it was directed that