Devendra Kumar Arora, J. - (1.) BY means of this writ petition, the Petitioner has prayed for a writ in the nature of certiorari for quashing of the order of termination dated 04.2.1989, contained in Annexure No. 3 to the writ petition. The Petitioner has further prayed for a writ in the nature of mandamus commanding the opposite parties to pay the Petitioner his salary and allowances treating that no order of termination was passed against him.
(2.) SUBMISSION of learned Counsel for the Petitioner is that the Petitioner was selected as Health Worker (Male) by the opposite party No. 2 and in the select list Petitioner's name is shown at serial No. 4 and vide order dated 23.1.1988 he was appointed on the post of Health Worker (Male) in the pay -scale of Rs. 354 -550 in district Barabanki. On the basis of the aforesaid letter dated 23.1.1988 the Chief Medical Officer vide letter dated Feb. 1, 1988 posted the Petitioner as Health Worker (Male) at the Primary Health Centre, Rudauli, district Barabanki. Petitioner joined there and worked with all devotion and sincerity. However, on 13.2.1989, Petitioner was served with termination order dated 04.2.1989. Submission of learned Counsel for the Petitioner is that Petitioner's name in the select list is at serial No. 4 and all the 22 persons juniors to the Petitioner have been retained in service. Further, another select list was announced and postings of those selected candidates were made some time six months after the Petitioner's appointment and the said persons, although juniors to the Petitioner, are also continuing to work. The grievance of the Petitioner is that neither any show cause notice was served upon the Petitioner nor opportunity of hearing was afforded to him. The termination order has been passed without any departmental proceeding in gross violation of the principles of natural justice. Vide order of dated 27.9.1989 this Court directed the Respondents not to interfere with the working of the Petitioner on the basis of the impugned termination order.
(3.) ON the other hand, learned Counsel for the Respondents submitted that the Petitioner was temporarily appointed on the post of Health Worker (Male). His services were terminated as per Government Order No. 20 -1 -1975 -Karmik (Karmik Anubhag -1) dated 07.2.1976 and the instructions laid down in U. P. Asthai Sarkari Sewak(Sewa Samapti) Niyamawali, 1975. The Petitioner was found unfit for the job after overall assessment of his work and performance. The Petitioner had absconded from duty without any prior sanction of leave from the Head Office, Petitioner was also arrested by the police of Police Station Krishna Nagar, Lucknow and had been detained in Jail. Since Petitioner's services were purely temporary, there was no need to issue show cause notice or provide any opportunity to him.;