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Judgment
This is a petition for the issue of Writ of Certiorari or some other suitable order.
We heard the arguments of the learned Counsel for the Petitioner. The facts are that the Petitioner was appointed on 13-11-1949 as a temporary clerk. The order by which he was appointed reads thus:
The Civil Administrator of District Hyderabad is pleased to sanction through his letter No. 273 dated 19-10-1949 temporary establishment of three Second Grade Clerks and four peons....
Than follows the name of the Petitioner being appointed under that order. It is clear from this appointment order that the whole establishment on which he was appointed was a temporary established and, therefore, he was not a permanent incumbent on any post in Government Service. It is not denied that the temporary establishment was wound up.
The learned Counsel contends that even though was a temporary establishment he was entitled to notice under Article 311(2) of the Constitution. It is difficult to agree with this contention. Service, as defined, would usually mean permanent service or temporary service which is likely to be made permanent in due course if certain usual conditions are satisfied by the person who is temporarily appointed, In this case, there is no such underlying idea or understanding when the Petitioner was appointed. He was admittedly appointed on a temporary establishment with which went the idea that so soon as the establishment was wound up, his service would automatically terminate. Under the circumstances, we do not think that the provisions of Article 311(2) are applicable to this case. There is, there Tore, no force in this Writ Petition.
The learned Counsel contended that the clerk in question continued in service upto 27-6-1954 but he did not get his salary for a certain period. If the complaint is of not getting the salary, then the Petitioner has an adequate remedy by way of a regular suit. This Court cannot go into an enquiry as to whether the salary was due or not. This Writ Petition is, therefore, summarily dismissed.