Statutory service rules override appointment terms where termination of a temporary Government servant does not require simultaneous notice pay

Statutory service rules governed the termination of a temporary Government servant on probation, and inconsistent appointment terms could not override them. Under the amended Rule 5(1)(b) of the Central Civil Services (Temporary Service) Rules, 1965, termination forthwith was valid even though one month's pay and allowances for the notice period were not tendered simultaneously, because payment was a right to be claimed and not a condition precedent. The administrative notification could not displace the statutory rule, as Government service conditions are regulated by rules made under Article 309 of the Constitution.

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Issues: Whether a temporary Government servant on probation could challenge termination on the ground that one month's pay and allowances in lieu of notice was not paid simultaneously with the termination order, and whether the terms of appointment or the administrative notification could override the amended service rule.

Analysis: The appointment was expressly on a temporary basis and the respondent remained governed by the service rules in force from time to time. Rule 5(1)(b) of the Central Civil Services (Temporary Service) Rules, 1965, as amended with retrospective effect from 1 May 1965, permitted termination forthwith with a right in the employee to claim pay and allowances for the notice period; simultaneous tender of payment was not made a condition precedent. The administrative notification relied upon by the High Court only stated that it would be desirable to terminate probationers in terms of the appointment letter and did not override the statutory rule. Once appointed, a Government servant acquires status and his service conditions are regulated by statutory rules made under Article 309 of the Constitution of India, not by inconsistent contractual terms.

Conclusion: The termination was valid, and the challenge based on non-simultaneous payment of notice salary failed.

Ratio Decidendi: In Government service, statutory rules governing termination prevail over the appointment terms, and under the amended Rule 5(1)(b) of the Central Civil Services (Temporary Service) Rules, 1965, payment of notice salary is not a condition precedent to a valid termination forthwith.

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