- (1.) Sri Shyam Narain, learned counsel for the petitioner and Sri Raj Kumar along with Miss Enakshi Sharma, learned Standing Counsel for the State. With the consent of the parties this writ petition is decided finally at this stage in view of Second proviso to Rule 2 of Chapter XXII of Allahabad High Court Rules, 1952. 1A. In this petition prayer has been made to quash the order dated 28-7-1990 (Annexure-4 to the writ petition) whereby the petitioner's service as part- time tube-well operator has been terminated by order simpliciter.
(2.) The brief facts necessary for adjudication of this petition are that the petitioner was appointed as a part-time tube-well operator on 5-6-1985 absolutely on temporary basis on terms and conditions that the services of the petitioner could be terminated at any time after serving notice of one month or on payment of one month salary in lieu of notice thereof. However, on payment of one month salary the service of the petitioner was terminated by an order simpliciter dated 28-7-1990.
(3.) Counter-affidavit reveals that the petitioner and other tube-well operators were appointed to run the tube-wells under the State till 1981. The whole-time tube-well operators in regular establishment were being appointed, when public tube-wells constructions were being undertaken with the financial assistance of the World Bank. For the operation and maintenance of tube-wells established with the assistance of the World Bank it was decided to appoint part-time tube-well operators out of those belonging to the same village where the tube-wells were located, or out of residents of that village within the command area of operation of proposed tube-wells, for the reasons that the appointing part-time tube-well operators in fact, they are required to work only 2-3 hours on a tube-well to record the daily irrigation done by it, whereas a ban was imposed on the other tube-wells of State for the recruitment of the regular tube-well operators. Necessary guide-lines were issued regarding the selection, appointment and the conditions of service of the part-time tube-well operators. They were required to work 2-3 hours only and for the rest of the time they were free to engage themselves in any business, trade or calling. Their appointment was to be initially made for a period of three years, on the expiry of which if their work and conduct was found to be satisfactory, they could again be employed for another period of three years. In the year 1981 the part-time tube-well operators were paid an honorarium of Rs. 150/- per month, since 8-12-82 to 1-2-85, they were paid Rs. 200/- per month. Since 2-2-85 they were paid Rs. 299/- per month and now vide G.O. No. 1721/91-27-Irrig.-8-117/2 dated 20-2-1992 the honorarium was revised to Rs. 550/- per month plus a handsome allowance, related to their performance and they have now been re-designated as "Tube-well Assistants". On an average, a State owned tube-well give at relevant time an annual revenue of Rs. 7000/- only, whereas apart from the honorarium paid to tube-well assistant, huge financial expenditure was incurred by the State on the operation and maintenance of the tube-wells. So for earning a paltry revenue of merely Rs. 7000/- per annum it was not justified to pay Rs. 20,000/- per annum on wages alone from the public exchequer.;