- (1.) RAKESH Tiwari-Heard counsel for the parties and perused the record.
(2.) THE petitioner has approached this Court by means of the aforesaid writ petition for quashing the order of termination dated 16.5.1994 passed by the Executive Engineer, Public Nalkoop Nirman Khand, Varanasi and further for a direction to the respondents to pay him salary in accordance with law. It is alleged that the petitioner was appointed as part time tube-well operator by the Executive Engineer, Public Nalkoop Nirman Khand, Varanasi, on monthly salary of Rs. 150 on certain conditions vide order dated 16.3.1982 (Annexure-1 to the writ petition). Thereafter he was promoted as Assistant tube-well Operator. From perusal of the appointment letter of the petitioner (Annexure-1 to the writ petition), it appears that the petitioner was initially appointed only for a period of three months. By the impugned order dated 16.5.1994, the petitioner was informed by the Executive Engineer that his services are being terminated by giving him one month's advance salary as the World Bank, financed tube-well No. 326 has been abandoned. The order of termination reads as under : ...[VERNACULAR TEXT OMMITED]...
(3.) IT is contended by the petitioner that the tube-well was functioning under the control of the State Government and it was the duty of respondent No. 2, the Executive Engineer, Public Nalkoop Nirman Khand, Varanasi to maintain it. IT is further contended that the tube-well is not the property of the World Bank as it has been constructed for the benefit of the agriculturists and public at large. It has, however, not been deemed that the tube-well was constructed with the financial aid of the World Bank under the scheme sponsored by it. Lastly, it is contended that the petitioner has worked for a period of 12 years as part time tube-well operator. In para 14 of the writ petition, a vague assertion has been made that there are several vacancies of Assistant tube-well operators and the petitioner may be adjusted in any of the tube-wells where there is a vacancy. It is asserted that the respondent have adjusted Ram Chandra Prasad and Kamta Prasad Maurya in the similar circumstances.;