2. Tenure of Office

According to Article 310, members of the defence services, the civil services of the Centre and the all-India services or persons holding military posts or civil posts3 under the Centre, hold office during the pleasure of the president. Similarly, members of the civil services of a state or persons holding civil posts under a state, hold office during the pleasure of the governor of the state.

However, there is an exception to this general rule of dismissal at pleasure. The president or the governor may (in order to secure the services of a person having special qualifications) provide for the payment of compensation to him in two cases: (i) if the post is abolished before the expiration of the contractual period, or (ii) if he is required to vacate that post for reasons not connected with misconduct on his part. Notably, such a contract can be made only with a new entrant, that is, a person who is not already a member of a defence service, a civil service of the Centre, an all-India service or a civil service of a state.