Summarize the following court judgment. il Appeal No. 212 of 1975. (Appeal by Special Leave from the Judgment and Order dated 26 6 1974 of the Kerala High Court in A.S. No. 510/72). L.N. Sinha	 Sol. of India	 Shaymla Pappu and Girish Chandra for the appellant. A.S. Nambiar for the respondent. The Judgment of the Court was delivered by BEG	 J. The Union of India and the Commander	 Officer incharge	 Naval Base	 Cochin	 are the appellants before us by grant of special leave against a judgment and decree of a Division Bench of the High Court of Kerala. The Division Bench had affirmed the decision of a learned subordinate Judge awarding Rs. 25	000/ as damages	 together with inter est @ 6% per annum	 to the plaintiff respondent for the illegal termination of the respondent 's services. The plaintiff respondent was serving as a Welder	 Grade II	 in the Civilian Defence Forces at the Naval Base	 Cochin	 at the time of this allegedly illegal termination of service by an order of 25th October	 1968	 of the Govt. of India	 Ministry of Defence. Special leave was granted on condition that the appel lants Will bear the costs of the respondent in any event. The point of law sought to be canvassed before us is: Does the doctrine that a Central Govt. servant holds his post "at the pleasure of the President"	 contained in Article 310 of the Constitution	 authorise the passing of an order of termination of services	 without assigning any reason what soever	 of the holder of a post "connected with defence ?" There is no finding anywhere that the services of the plaintiff respondent were terminated as a measure of pun ishment for any wrong done by him or for incompetence	 although	 a perusal of the pleadings would show that the appellants denied the assertions of the plaintiff respondent that he was efficient and entitled to promotions as he had qualified for them by passing certain tests. The Subordinate Judge had awarded only Rs. 25	000 . out of a claim of Rs. 75	000/ made on the ground that	 but for illegal termination of the service of the plaintiff respond ent	 the plaintiff would have continued in service upto the age of 60 years and duty promoted instead of being thrown out of service at the age of 41. The plaintiff respondent alleged that the termination of his service	 without giving any reason whatsoever	 was contrary to	 rules made under Article 309. A glance at paragraph 4 of the plaint shows that the violation of rules 89 relating to conduct of disciplinary proceedings was alleged by the petitioner. In paragraph 5 of the plaint	 however	 he alleged: "As per the terms of appointment and the rules governing the service of the petitioner		 he is entitled normally to continue in service till the age of 60. If his service had not been terminated as per the impugned order	 the petitioner would have been entitled to continue for a further period of 19 years and 8 months". He proceeded to assert: "Due to the illegal termination	 the peti tioner had lost a valuable right vested in him by virtue of his appointment and guaranteed by the Constitution of India and the rules framed thereun der namely a right to continue in service for the full period of 19 years and 8 months and thus to gain a livelihood for himself and his family". A perusal of the judgment of the Division Bench shows that the only point really considered by it was whether the pleasure of the President mentioned in Article 310 of the Constitution	 can over ride rules made under Article 309 of the Constitution. The High Court had explained away a passage cited from State of U.P. & Ors.	 vs Babu Ram Upadhya(1) by observing that it did not support the argument that rules made under Article 309 of the Constitution did not control the pleasure of the President	 under Article.310	 which was to be subject to matters otherwise expressly provided in the Constitution. The passage so explained away runs follows :. "If there is a specific provlsion in some part of the Constitution giving to a Government servant a tenure different from that provided for in article 310	 that Government servant is excluded from the operation of article 310. The said words refer	 inter alia		 to articles 124	 148	 218 and 324 which provide that the Judges of the Supreme. Court	 the Auditor General	 the Judges of the High Courts and the Chief Election Commissioner shall not be re moved from their offices except in the manner laid down in those Articles. If the provisions of the Constitution specifically prescribing different tenures were excluded from article 310	 the purpose of that clause would be exhausted and thereafter the Article would be free from any other restrictive operation. In that event	 article 309 and 310 should be read together	 excluding the opening words in the latter Article	 namely	 "Except as expressly provided by this Constitution". Learned Counsel seeks to confine the operation of the opening words in article 309 to the provisions of the Constitution which empower other authorities to make rules relating to the conditions of service of certain classes of public servants:	 namely articles 146(2)	 148(5) and 229(2). That may:be so	 but there is no reason why article 310. should (1) A.I.R. 1961 S.C. 751. 8 1003 SCI/76 90 be excluded therefrom. It follows that while article 310 provided for a tenure at pleasure of the President or the Governor	 article 309 enables the legislature or the executive	 as the case may be	 to make any law or rule in regard	 inter alia	 to conditions of service without impinging upon the overriding power recognised under article 310". The Kerala High Court relied on Union of India vs J. N. Sinha & Anr.	(1) to hold that doctrine of office held at the pleasure of the President was subject to rules made under Article 309 of the Constitution	 and pointed out that it was held	 inter alia	 by a Division Bench of this Court (at p. 42): "A Government servant serving under the Union of India holds his office at the pleasure of the President as provided in Article 310 of the Consti tution. But this "pleasure" doctrine is subject to the rules or law made under Article 309 as well as to the conditions prescribed under Art.311 ". The High Court also relied on State of Madhya Pradesh & Ors. vs Shardul Singh	(2) where the same Division Bench of this Court had held inter alia (at p. 111 ): "Article 310(1) of the Constitution declares that every person who is a member of Civil service of a State or holds any civil post in a State holds office during the pleasure of the Governor of a State. But the pleasure doctrine embodied therein is subject to the other provisions in the Constitu tion. Two other Articles in the Constitution which cut down the width of the power given under Article 310 (1) are Articles 309 and 311. Article 309 provides that subject to the provisions of the Constitution acts of the appropriate Legislature may regulate the	 recruitment	 and conditions of service of persons appointed	 to public. services and posts in connection with the affairs of the Union or of any State. Proviso to that Article says: 'Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union	 and for the Governor of a State or such person as he may direct in the: case of services and posts in connection with the af fairs of the State to make rules regulating the recruitment	 and the conditions of service of persons appointed	 to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article	 and any rules so made shall have effect subject to the provisions of any such Act ." The High Court then referred to N. Ramanatha Pillai vs State of Kerala & Anr. 	(3) a decision of 5 learned Judges of this Court	 in which Ray CJ.	 speaking for the Constitution Bench of this Court	 (1) A.I.R. 1971 S.C. 40. (2) at 111. (3) ; at 2645. 91 while considering the power of the Govt. to create	 continue	 and abolish a post said (at p. 2645): "Article 309 provides that subject to the. provisions of the Constitution	 Acts of the appropriate Legislature may regulate the recruit ment and conditions of service of persons appoint ed	 to public services and posts in connection with the affairs of the Union or of any State. There fore	 Acts in respect of terms and conditions of service of persons are contemplated. Such Acts of Legislature must however be subject to the provi sions of the Constitution. This attracts Article 310 (1). The proviso to article 309 makes it compe tent to the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union and for the Governor of a State or such person as he may direct in the case of services and posts in con nection with the affairs of the State	 to make rules regulating the recruitment and the conditions of service of persons appointed		 to such services and posts under the Union and the State. These Rules and the exercise of power conferred on the delegate: must be subject to Article 310. The result is. that Article 309 cannot impair or affect the pleasure of the ' President or the Gover nor therein specified. Article 309 is	 there fore	 to be. read subject to Article 310". The High Court	 after citing the passage set out above	 said: "We do not understand the above passage as suggesting that Article 310 cannot in any manner be controlled by Rules framed under Article 309". After a consideration of decisions of this Court in this manner it expressed its views as follows: "These cases	 we think	 sufficiently indicate that while it may be open to the PreSident or to the Governor to dismiss a civil servant at pleas ure	 if Rules have been framed under Article 309 of the Constitution to regulate the mode and manner of termination of service	 these .have to be com plied with. This	 we think	 is reasonable and understandable enough on first principles. If the untrammelled pleasure of the President has been subjected to Rules framed by the President himself in regard to the manner of termination of service	 the pleasure must be subject to such Rules". The Division Benh of the High Court then re corded its conclusion: "We are therefore of the opinion that in the instant case	 the Civil Services (Classification	 Control and Appeal) Rules	 having been framed under Article 309 of the Constitution	 the same had to be followed before the respondent 's service was terminated. The same not having been admittedly complied with	 the finding of the ' Court below that the termination is illegal was correct and requires no interference. No arguments were addressed on the quantum of damages awarded". 92 We do not think that the difficulty before the High Court could be resolved by it by following what it consid ered to be the view of a Division Bench of this .Court in two cases and by merely quoting the views expressed by larger benches of this Court and then observing that these were insufficient for deciding the point before the High Court. It is true that in each of the cases cited before the High Court	 observations of this Court occur in a con text different from that of the case before us. But	 we do not think that the High Court acted correctly in skirting the views expressed by larger benches of this Court in the manner in which it had done this. The proper course for a High Court	 in such a case	 is to try to find out and follow the opinions expressed by larger benches of this Court in preference to those expressed by smaller benches of the Court That is the practice followed by this Court itself. The practice has now crystallized into a rule of law de clared by this Court. If	 however	 the High Court was of opinion that the views expressed by larger benches of this Court were not applicable to the facts of the instant case it should have said so giving reasons supporting its point of view. we have perused the Central Civil Service (Classifica tion	 Control and Appeal) Rules of 1965	 (hereinafter re ferred to as '1955 Rules ') which deal principally with procedure for disciplinary proceedings and penalties and appeals and reviews against orders passed under the rules. There is no rule there dealing with the conditions under which a service such as that of the plaintiff respondent may be terminated. We fail to see any rule made under Article 309 of the Constitution which was violated by the impugned order of termination of service of the plaintiff respondent. We do not consider ourselves called upon to. decide a ques tion which has really not arisen in the case. before us. The 1965 Rules are applicable when disciplinary proceed ings are taken. They do not make disciplinary proceedings under the rules incumbent or obligatory whenever the services of a person covered ' by these rules are terminated. The obligation to follow the procedure for punishment laid down in the rules flows from the provisions of Article 311 of the Constitution. And	 as the opening words of Arti cle 310 show	 the doctrine of office held at the pleasure of the ' President does not apply to cases covered by Article 311. Rule 3 of the above mentioned rules begins. as follows: "3. Application. (l ) These rules shall apply to every Government servant including every civilian Government servant in the Defence Serv ices	 but shall not apply to (a) any railway servant	 as defined in rule 102 of volume I of the Indian Railway Establishment Code	 (b) any member of the All India Services	 (c) any person in casual employment	 (c) any person in casual employment	 (d) any person subject to discharge from service on less than one month 's notice. (e) any person for whom special provision is made	 in respect of matters covered by these rules	 by or under 93 any law for the time being in force or by or under any agreement entered into by or with the	 previous approval of the President before or after the commencement of these rules	 in regard to matters covered by such special provisions; (2) Notwithstanding anything contained in sub rule (1)	 the President may by order exclude any class of Government servants from the operation of all or any of these rules. (3) Notwithstanding anything contained in sub rule (1)	 or the Indian Railway Establishment Code	 these rules shall apply to every Government servant temporarily transferred to a Service or post coming within exception (a) or (e) in sub rule (1 )	 to whom	 but for such transfer	 these rules would apply. (4) If any doubt arises (a) whether these rules or any of them apply to any person	 or (b) whether any person to whom these rules apply belongs to a particular service the matter shall be referred to the President	 who shall decide the same". Even if the parties were governed by these rules	 because the plaintiff held a civil post in one of the Defence; Departments	 yet there must be some violation of one of these rules	 which were no doubt framed under Article 309 read with clause 5 of Article 148 of the Constitution	 before any question of a conflict between a rule framed under Article 309 and the provisions of Article 310 could possibly arise. We fail to see such a conflict here. These rules merely lay down procedure for matters cov ered by Article 31 l of the Constitution. There is no doubt that proceedings under Article 311 of the Constitution constitute an exception to the doctrine of pleasure con tained in Article 310 of the Constitution. But	 in the case before us	 no question of any disciplinary proceedings has been discussed because it did not arise at all. There is no finding that any punishment was imposed upon the plaintiff respondent. It may be that mere termination of service	 when the plaintiff.respondent was holding a perma nent post and entitled to continue in service until 60 years of age	 may constitute punishment per seven when the termination of service is not meant as a punishment. But	 in that event		 there had to be a finding on the rule or order under which the plaintiff was entitled to continue in serv ice. until he reached the age of 60 years. The High Court had cited no rule made under. Article 309 to show that there was any such provision. In P.L. Dhingra vs Union of India(1) Das	 CJ.	 speaking for the majority of a Bench of five judges of this Court	 said (at p. 47): "It has already been said that where a person is appointed substantively to a permanent post in Government service. (1) ; at 47. 94 he normally acquires a right to hold the post until under the rules	 he attains the age of superannua tion or is compulsorily retired and in the absence of a contract	 express or implied	 or a service rule	. he cannot be turned out of his post unless the post itself is abolished or unless he is guilty of misconduct	 negligence	 inefficiency or. other disqualifications and appropriate proceedings are taken under the service rules read with article 311 (2). Termination of service of such a servant so appointed must per se be a punishment	 for it operates as a forfeiture of the servant 's rights and brings about a premature end of his employ ment". The propositions laid down in Dhingra 's case (supra) by this	 Court mean that	 unless a legally justifiable ground is made out for the termination of the service of a Govern ment servant. in permanent service	 in the sense that he is entitled to remain in service until he ' reaches the age of retirement	 he could be deemed in a given case to be pun ished by an apparently innocent order of termination of service. If	 however	 the respondent belonged to a class of government servants the tenure or conditions of whose serv ice was subject to the over riding and unqualified sway of the power to terminate his services at will	 by reason of Article 310(1) of the Constitution	 we doubt whether he could claim to be a "permanent" servant	 who could continue	 as of right	 in service until he reaches the age of super annuation. At any rate	 he could not be a "permanent" Government servant of the same class as one protected by Article 311. Even if we were to hold that the plaintiff respondent was constructively punished	 the provisions of Article 311	 unfortunately	 do not apply to such a Government servant as the respondent was. Whereas the power contained in Article 310 governs all Government servants	 including those in the services connected with defence	 the benefits of Article 311	 which impose limitations on the exercise of this power in cases of punishment	 do not extend to those who hold posts "connected with defence". Constitution Bench of this Court has held	 after a review of relevant authorities	 this to be the position of the. holder of a post such as that of the plaintiff respondent in L. R: Khurana vs Union of India. (1) As the plaintiff respondent was not entitled to the protection of Article 311	 the only effect of the 1965 Rules upon his case is that they could be applied if disci plinary proceedings had been taken against him as the holder of a post "connected with defence". In other eases of such servants	. where no such disciplinary proceedings are instituted (and none were started against the plaintiff respondent)	 the 1965 Rules	 governing procedure for. punishments to be imposed	 will not apply at all. There is no legal obligation to apply those rules here. The legal obligation to apply them to every case of punish ment	 flowing from Article 311	 is confined to holders of posts covered by Article 311. On this question	 we are bound by the decision of a bench of five learned Judges of this Court in Khurana 's case (supra). (1) ; 95 We were asked to import the obligation to apply the procedure prescribed by Article 311 to a case such as the one before us by invoking the aids of Articles 14 and 16. Apart from the fact that these .Articles could not be in voked against a discrimination made by Constitutional provi sions	 no such case was set up earlier. We cannot permit it at this stage. The only ground on which the respondent had assailed the order of termination of his service was non compliance of 1965 Rules	 which meant ' that he claimed the protection of Article 311 of the Constitution. But for the reasons given above	 this protection is not available to him. Therefore	 this appeal must succeed. Consequently	 we allow this appeal	 set aside the judgment and decree of the High Court and 	dismiss the plaintiff 's suit. But: in the circumstances of the case	 the appellant will	 in keeping with the undertaking given at the time of grant of special leave	 bear the costs of both sides throughout. Appeal allowed.

Respondent was a welder in the Civilian Defence Forces. On his services being terminated	 without stating any rea son	 he filed a suit for damages for illegal termination on the basis that he would have continued in service upto the age of 60 instead of being thrown out at the age of 41. The trial Court gave a decree for damages which was affirmed by the High Court on the ground. that the doctrine of post held during the pleasure of the President	 contained in article 310	 does not authorise the termination without complying with the procedure prescribed by the Central Civil Service 's (Classification	 Control and Appeal) Rules	 1965	 framed under article 309. Allowing the appeal to this Court	 HELD: (1) The Rules deal principally with the procedure for disciplinary proceedings and penalties and appeals and reviews against orders passed under the rules. They are applicable if disciplinary proceedings had been taken against the respondent	 but they do not make disciplinary proceedings incumbent or obligatory whenever the services of a person are terminated. In the present case there were no disciplinary proceedings against the respondent. [92 D E] (2) The mere termination of the service. by an apparent ly innocent order	 of a Government servant in permanent service	 in the sense that he is entitled to remain in service until he reaches the age of retirement	 could be deemed	 in a given case	 to be a punishment. But	 in that event	 there had to be a finding on the rule or order under which the respondent was entitled to continue in service until he reached the age of 60. There is no reference to any such rule and there was no finding that any punishment was imposed upon him or that his services were terminated as a measure of punishment for any wrong done by him or for incompetence. [94 C; 93 G] P.L. Dhingra vs Union of India ; @ 47 referred to. (3) Even assuming that the respondent was constructive ly punished	 there is no legal obligation to apply the Rules. The legal obligation to apply them to every case of punishment	 flows from the provisions of article 311 and is confined to holders of posts covered by article 311. But the provisions of article 311 do not apply to the respondent since they do not apply to the holder of a post connected with defence. [94 E] L.R. Khurana vs Union of India ; followed. (4) Terefore	 when no disciplinary proceedings are instituted	 the Rules will not at all apply	 and there is no other rule dealing with the conditions under which the service	 such as that of the respondent. may be terminated. Since there was no violation of any rule no question of a conflict between a rule framed under article 309 and the doc trine of pleasure contained in article 310	 which applies to all Government servants including those in the services connected with defence	 arises in the present case. [94 G] 88 (5) The High Court in dealing with the question consid ered the view of a Divisional Bench of this Court in two cases	 merely quoted the views expressed by larger Benches of this Court	 and then observed that these were insuffi cient for deciding the point before it. The High Court did not act correctly in thus skirting the views expressed by larger Benches of this Court. The proper course for the High Court was to try to find out and follow the opinions expressed by the larger Benches in preference to those expressed by smaller Benches. This practice is followed even by this Court and has crystallized into a rule of law. If	 however	 the High Court was of opinion that the views expressed by larger Benches of this Court were not applica ble to the facts of the present case it should have said so	 giving reasons in support. [92 A C]