D.P.S.Chauhan, J. - (1.) By means of this petition, the petitioner has approached this Court impeaching the order dated November 29, 1991 passed by the Principal of the Higher Secondary School, Jwalapur, District Haridwar (for brevity, hereinafter referred to as 'the institution'), terminating his services, and has sought for a direction in the nature of mandamus commanding the respondent No. 2, Chairman of the Nagar Palika, Haridwar (for brevity, hereinafter referred to as the 'the Nagar Palika') for making payment of the arrears of salary w.e.f. December 4, 1990 upto date and continue to pay the salary together with benefits, without causing any impediment in his functioning as Class III employee.
(2.) No counter affidavit has been filed. The facts, as alleged in the petition, in brief, are: (a) The petitioner has claimed himself to have been appointed in the Nagar Palika initially on July 8, 1989 on daily wage-system as a Class IV employee for a period of six months. Thereafter, the Chairman of the Nagar Palika required the petitioner to work, in addition to his work as a Class IV employee, as Typist for two hours in the Toll Tax Department of the Nagar Palika. The order is annexed with the petition but is undated. The petitioner moved the Chairman of the Nagar Palika for extension of his appointment on daily wages for a further period of two months w.e.f. November 7, 1989, whereupon, the Chairman, Nagar Palika, granted extension to the petitioner for a period of 1 1/2 months by saying that in the Toll Tax Department of the Nagar Palika the work of Typist is being taken from the petitioner and there is no other person knowing the typing work. (b) Subsequently, the Principal of the institution, on November 9, 1990 wrote to the Chairman of the Nagar Palika requesting him for deputing some person having typing knowledge in the institution. The institution is run by the Nagar Palika. The Chairman, thereupon, directed the petitioner for reporting in the institution where he was allowed to join as Typist on the basis of the order issued by the Principal of the institution. This appointment arrangement was for the duration till the post of Clerk-cum-Typist was sanctioned for the institution. The Board in its meeting dated January 28, 1991, vide Resolution No. 1016, approved the said appointment of the petitioner in the institution. The Manager of the institution wrote to the District Inspector of Schools, Haridwar (for brevity, hereinafter referred to as 'the District Inspector of Schools') for sanctioning a post of Clerk-cum-Typist in the institution. The post of Clerk-cum-Typist is a Class III post. (c) Thereafter, on the request of the District Inspector of Schools, the Principal of the institution required the petitioner to work in the office of the District Inspector of Schools for two hours, i.e. from 9.00 to 11.00 A.M. and for the rest of the hours he was required to work in the institution. The petitioner accordingly worked in the office of the District Inspector of Schools for two hours and for the rest of the hours in the institution. (d) The Principal of the institution, vide order dated November 29, 1991, terminated the services of the petitioner on the basis of a general order of the Chairman of the Nagar Palika dated November 26, 1991. This order is the subject matter of challenge in the present writ petition.
(3.) Heard learned counsel for the petitioner and the learned Standing Counsel. In spite of notices having been issued, the Nagar Palika is unrepresented.;