SENIOR SUPERINTENDENT, R.M.S. COCHIN & ANR. versus K. V. GOPINATH, SORTER

SENIOR SUPERINTENDENT, R.M.S. COCHIN & ANR. versus K. V. GOPINATH, SORTER

Termination of a temporary government servant's service under Rule 5(1)(b) proviso is only effective if payment of salary and allowances due is made simultaneously with the order of termination; the rule requires payment as a condition precedent for immediate termination.

Parties
Appellant: Senior Superintendent, R.M.S. Cochin; Respondent: K. V. Gopinath
Jurisdiction
India
Judgment Date
18 February 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated January 5, 1971 of the Kerala High Court in Civil Writ Appeal No. 534 of 1969
Outcome
Appeal dismissed
Legal Topics
Central Services (temporary Service) Rules, Termination of Temporary Government Servant, Payment of Dues on Termination
Service Law Central Services (temporary Service) Rules Termination of Temporary Government Servant Payment of Dues on Termination

Case Brief

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Parties

Senior Superintendent, R.M.S. Cochin

Appellant

K. V. Gopinath

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated January 5, 1971 of the Kerala High Court in Civil Writ Appeal No. 534 of 1969

Legal Issues

  1. 1 Whether the order dated September 25, 1968 terminating the services of the respondent, a temporary government servant, was in accordance with the provisions of Rule 5 of the Central Service (Temporary Service) Rules, 1965

Ratio Decidendi

Termination of a temporary government servant's service under Rule 5(1)(b) proviso is only effective if payment of salary and allowances due is made simultaneously with the order of termination; the rule requires payment as a condition precedent for immediate termination.

Court Disposition

Appeal dismissed

Orders

  • Order granting special leave is confirmed.
  • Appellant to pay the costs of the respondent.