Judgment SIKRI, J. ( 1 ) THIS appeal by special leave is directed against the judgment of the High court of Judicature at Allahabad dismissing in limine the appeal filed against the judgment and decree of the Additional civil Judge, Gorakhpur, who had confirmed the judgment and decree passed by the Trial court decreeing the respondents suit for a declaration that the order dated 9/02/1961. passed by the Deputy inspector-General of Police, terminating his services as Sub-Inspector of police was illegal. ( 2 ) IN order to appreciate the point raised before us it is necessary to mention the facts in brief. Dinanath Rai, respondent,-hereinafter referred to as the plaintiff-was selected as a Sub-Inspector of Civil police. After selection he joined the Police Training College, Moradabad, on 28/01/1957, and after training, according to the plaintiff, he joined on 2/01/1958, as a probationary Sub-Inspector. On 9/02/1961, his services were terminated by the following order :- the services of the following temporary Sub-Inspectors of Police of Gorakhpur District being no longer required are hereby terminated with effect from the date on which this order is communicated to them :- (1) S. I C. P. Palwant Singh. (2) S. 1. C. P. Dina Nath Rai. 2. Both these officers will be paid one months pay and allowances in lieu of notices. " ( 3 ) THE plaintiff challenged this order on various grounds one ground being that the plaintiff" was not paid one months salary in lieu of notice on 9/02/1961, when his services were actually terminated, nor was one months clear notice served on him before terminating his services. The trial court, receiving on the decision of the high court in A. P. Tripathi v. The State of U. P. accepted this contention and held that since the plaintiff had not been paid salary in lieu of notice on 9/02/1961. the termination order was illegal. However, contrary to the contention of the plaintiff, the Trial court held that the plaintiff was a temporary servant and not a probationer. ( 4 ) THE State appealed, and the Additional Civil Judge. Gorakhpur, following the above mentioned decision of the High court, as he was bound to, confirmed the decree. The State then filed an appeal to the High court but its appeal was dismissed in limine. The State having obtained special leave the appeal is now before us. ( 4 ) THE State appealed, and the Additional Civil Judge. Gorakhpur, following the above mentioned decision of the High court, as he was bound to, confirmed the decree. The State then filed an appeal to the High court but its appeal was dismissed in limine. The State having obtained special leave the appeal is now before us. ( 5 ) THE learned counsel for the appellant urges that on a proper interpretation of relevant rules the judgments of the High court and the courts below are erroneous The relevant rule reads as follows :- "government of Uttar Pradesh Appointment (B) Department NOTIFICATION no. 230/ii B-1953. dated 30/01/1953. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the governor of U. P. is pleased to make the following general rule regulating the termination of service of temporary government servant : (1) Notwithstanding anything to the contrary in any existing rules, and orders on the subject, the services of a government servant in temporary service shall be liable to termination fit any time by notice in writing given by either by the government servant to the appointing authority, or by the appointing authority, the government servant. (2) The period of such notice shall be one month given either by the appointing authority to the government servant, or by the government servant to the appointing authority provided that in the case of the notice of the appointing authority; the latter may substitute for the whole or part of this period of notice pay in lieu thereof ; provided further that it shall be open to the appointing authority to relieve a government servant without any notice or accept notice for a shorter period without requiring the government servant to pay any penalty in lieu. of notice. " ( 6 ) WE are unable to read this rule in the way it apparently as read by the High court m A. P. Tripathi v State of U. P. that judgment Seth, J. , did rot produce the rule but he reserved : - "the notice issued by the Regional Food Controller, Varanasi Region Gorakhpur, on 26/03/1953. terminating the services of the petitioner along with seven other persons mentioned that the services of the petitioner shall be terminated after giving one months pay in lieu of the notice of discharge. terminating the services of the petitioner along with seven other persons mentioned that the services of the petitioner shall be terminated after giving one months pay in lieu of the notice of discharge. The petitioner was never paid one months pay is lieu of notice of discharge. In paragraph 6 of the counter-affidavit it is mentioned that one month further pay in lieu of notice was paid to the petitioner after the petitioner had been acquitted by the Special Judge on 15/05/1958 It is also mentioned in the same paragraph that the pay of the petitioner was not paid at the time of the termination of his service as at that time certain proceedings were contemplated against the petitioner for the alleged misappropriation of 235 bags of wheat. It is, therefore, clear that the petitioner was not paid a months salary in lieu of notice of discharge on 26/03/1953, when the petitioners services were actually terminated. The order dated 26/03/1953. terminating the petitioners services without paying him a months salary in lieu of notice of discharge was, therefore, clearly illegal. " ( 7 ) IT is not clear whether the learned Judge bad only interpreted the notice in that case or any statutory rule. Be that as it may, it seems that the learned Judge was of the view that if a months salary in lieu of notice is not paid when a government servants services are terminated the order of termination is bad. ( 8 ) IT seems to us that the meaning of the statutory rule is clear. It gives option to the government to either give a months notice or to substitute for the whole or part of this period of notice pay in lieu thereof. The rule does not say that the pay should be given in cash or by cheque at the time the notice is issued knowing the way the governments are run, it would be difficult to ascribe this intention to the rule making authority. There is no doubt that the government servant would be entitled to the pay in lieu of notice but this he would get in the ordinary course. ( 9 ) IN the result the appeal must succeed. There is no doubt that the government servant would be entitled to the pay in lieu of notice but this he would get in the ordinary course. ( 9 ) IN the result the appeal must succeed. The learned counsel for the plaintiff says that the plaintiff had raised other points before the Trial court including the point whether the plaintiff was at all covered by this statutory rule because, according to him, the plaintiff was not a temporary government servant but a probationer. As these points were not decided by the Additional Civil Judge in the appeal, the case must be remitted to him to dispose of it according to law. ( 10 ) IN the result the decree of the High court and the Additional civil Judge are set aside and the case is remitted to the Additional Civil judg, Gorakhpur, to decide it according to law. The costs incurred in this court will be costs in the cause.