IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4621 of 2009 VISHAL SINGH Versus THE STATE OF BIHAR & ORS ----------- 2/ 13/04/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner on 29.7.2005 was appointed on contract basis as a Joint Director (I.E.C.) in the Bihar State AIDS Control Society. The appointment was till further orders and it required execution of an agreement. Clause-4 of the agreement provides “that the second party (respondent herein) may terminate the services of the first party by giving one month’s notice or remuneration in lieu thereof”. Learned counsel for the petitioner submits that the services have been terminated by an order dated 21.2.2009 with effect from 24.12.2008. The law stands settled and if necessary reference may only be made to AIR 1966 (S.C.) 951 (R. Jeevaratnam v. State of Madras) that there can be no retrospective order of termination. It is equally settled law that if the order be severable and the good and bad part be shown discernable that which can be upheld in law need not be interfered. The impugned order dated 2 21.2.2009, therefore, is held to be bad insofar as it purports to terminate the services retrospectively. While declining to interfere with the order dated 21.2.2009 as being the date of termination which obviously has to be read subject to Clause-4 of the agreement between the parties, either the petitioner shall be entitled to be given one month’s remuneration or the date of termination i.e. 21.2.2009 shall be deemed to be the period of commencement of notice when the termination shall become effective from 21.3.2009. The writ application stands allowed in the aforesaid terms. The only discretion given to the respondents is to treat the termination valid from 21.2.2009 after payment of one month’s remuneration or treat the same effective from 21.3.2009. In either event the monetary dues of the petitioner must be paid to him within a maximum period of six weeks from the date of receipt/production of a copy of this order. The writ application stands allowed only to the extent indicated above. KC (Navin Sinha, J.)