Decided on October 01,2012

KISHAN LAL Appellant


Tarun Agarwala, J. - (1.) Heard Shri Hem Chandra Joshi, the learned counsel for the petitioner and Shri Subhash Upadhyaya, the learned Standing Counsel for the State.
(2.) List has been revised. No one appears for Kumaon Jal Sansthan, respondent No. 2.
(3.) It transpires that the petitioner was given a training under the United Provinces Rakshak Dal Act, 1948 and was named as a volunteer and was deputed on demand raised from the concerned department for a period of three months on a temporary basis. Pursuant to the letter dated 10th May, 1998 sent by the District Zila Yuwa Kalayan and Pradeshik Vikash Dal, the General Manager, Kumaon Jal Sansthan, Nainital issued a letter dated 20th May, 1998 appointing the petitioner as a Chowkidar in Kumaon Jal Sansthan, Nainital on a temporary basis with the stipulation that his services could be terminated without any notice. It was also stated that the petitioner would make any claim for regularisation of his services in the Jal Sansthan and that he would be paid wages as per the prescribed rates. Based on the said letter, the petitioner joined and started working as a Chowkidar in Kumaon Jal Sansthan. The letter of respondent No. 3 as per counter affidavit indicated that these volunteers could only work for a period of three months but the letter of appointment issued by the Kumaon Jal Sansthan clearly indicated that the petitioner would be appointed purely on a temporary basis. Based on this appointment, the petitioner continued to work uninterruptedly without any break in service till 24th December, 2003, i.e., for more than 51/2 years. By the impugned order dated 24th December, 2003, the petitioner was relieved from Kumaon Jal Sansthan and was directed to report in the office of respondent No. 3. The petitioner, being aggrieved by the said order, has filed the present writ petition, in which, an interim order dated 8th January, 2004 as modified by the order dated 4th March, 2004 was passed staying the operation of the order dated 24th December, 2003. As a result of the interim order, the petitioner is still working as a Chowkidar in Kumaon Jal Sansthan.;

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