JUDGMENT N. Chaudhury, J. 1. Heard learned counsel for the petitioner and Mr. A.M. Bujarbarua, the learned Senior Government Advocate, State of Arunachal Pradesh. Vide this application under Article 226 of the Constitution of India, the petitioner has challenged the order dated 12.08.2008 terminating her service. The said order was passed by the Commissioner-cum-Director of School Education, Arunachal Pradesh terminating the service of the petitioner as Assistant Teacher (A) in exercise of power under Section 5(i) of the CCS (Temporary Service) Rules 1965. 2. It is the case of the petitioner that she was appointed as junior teacher initially on 21.10.1991 for a period of 6 months. The said appointment was extended from time to time and ultimately by order dated 22.07.1992 she was appointed as Assistant Teacher (Grade-A) to the Education Department, Government of Arunachal Pradesh and was posted in Darkan Middle School under Along Circle in the scale of pay of Rs. 1200-30-1580-EF-40-2040 per month plus other allowances. The said order does not show that benefit of service was given to her as a member of the Schedule Tribe. Be that as it may, it is not disputed that the service of the petitioner was of temporary status. 3. Order dated 12.08.2008 was passed on the ground that the petitioner was appointed as Assistant Teacher (A) against reserved quota in view of her marriage to a person belonging to Schedule Tribe although she is not a member of Schedule Tribe. Be that as it may, the appointment order was not set aside on the basis of fraud or otherwise and the authority took a decision of terminating her service by taking recourse to provision of Section 5(i) of the CCS (Temporary Service) Rules 1965. 4. The learned counsel for the petitioner assailed that a termination order to Section 5(i) of the CCS (Temporary Service) Rules 1965 can be passed only by giving a notice of 1 month. The same has not been done in the case of the petitioner and as such the order has been vitiated. 5. Per contra Mr. A.M. Bujarbarua, the learned Senior Government Advocate has brought my attention to proviso to the said rule and submits that there is a default clause under proviso to Rule 5(I)(b) of the said rules. The same has not been done in the case of the petitioner and as such the order has been vitiated. 5. Per contra Mr. A.M. Bujarbarua, the learned Senior Government Advocate has brought my attention to proviso to the said rule and submits that there is a default clause under proviso to Rule 5(I)(b) of the said rules. The said proviso is quoted below: Provided that the service of any such Government servant may be terminated forthwith and on such termination, the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services or, as the case may be, for the period by which such notice falls short of one month. 6. On perusal of the rules it appears that there is no total ban for making termination of temporary service without notice of 1 month. What is prescribed in the proviso of the said rule is that in the event of termination order has been given effect forthwith the Government servant would be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at same rates at which he was drawing them immediately before the termination of the service or, as the case may be, for the period by which such notice falls short of one month. This default clause under proviso entitles the petitioner to a salary or notice of 1 month. Since in the termination order in question no notice was given obviously the petitioner is entitled to get salary of 1 month including all allowances as entitled to Government Servant of her status. In this view of the matter this writ petition is disposed of with a direction that the respondent Nos. 1 & 2 shall take steps for release of 1 month salary to the petitioner including all allowances as was admissible to her as on the date of termination of service. The same shall be done within a period of 1 month. The petitioner shall produce a copy of this order before the Commissioner (Education), Government of Arunachal Pradesh within a period of 2 weeks from today furnishing her latest address for adequate action. The same shall be done within a period of 1 month. The petitioner shall produce a copy of this order before the Commissioner (Education), Government of Arunachal Pradesh within a period of 2 weeks from today furnishing her latest address for adequate action. The learned Senior Government Advocate is also requested to take appropriate step so that the amount is disbursed to the petitioner. Let a copy of this order be furnished to learned Senior Government Advocate, State of Arunachal Pradesh. Disposed off