Arvind Kumar Tripathi (II), J. - (1.) HEARD Shri Mohan Singh, learned counsel for the petitioner and learned standing counsel for the State respondent and also perused the record.
(2.) THE petitioner was appointed as Senior Treatment Supervisor (S.T.S.) in T.B. Centre, District Sitapur on contract basis vide letter dated 7.12.2002, and joined in the office of Senior District Tuberculosis Officer, Sitapur on 15.5.2003. The period of engagement was one year, which was to be extended subject to satisfactory performance. The contract was renewed till 14.9.2010, but vide order dated 21.4.2010, the contract of petitioner was terminated by District Tuberculosis Officer/Sadasya Sachiv, District Tuberculosis Control Samiti, Sitapur. This led to filing of this writ petition. It is submitted by the learned counsel for the petitioner termination order is illegal, arbitrary and mala fide. The services were terminated without giving one month's notice as well as without calling any explanation.
(3.) IT was submitted by the learned standing counsel that contract was executed between the petitioner and District Tuberculosis Society, Sitapur, District Sitapur (Annexure -CA -1) in which it has been mentioned that contract will have to be ceased to operate and stands terminated from the date of expiry of one year from the date of its execution by both the parties, and may also be terminated earlier before expiry of one year with one month's notice or wages in lieu thereof and without any compensation of remaining period (vide para 12 of the Contract). The engagement of petitioner was renewed from time to time on yearly basis. Lastly, on 17.2.2009, from 15.9.2009 to 14.9.2010, but lately, it was found that he was not taking interest in the Revised National Tuberculosis Control Programme and was becoming indisciplined, and was not obeying the orders passed by the higher authorities, not submitting reports on time, indulging in misconduct. He was warned several times, but there was no improvement in his work and conduct and due to this the petitioner's contractual services were terminated with immediate effect, and he was paid one month's wages amounting to Rs. 12,000 vide cheque No. 349031 dated 18.5.2010 in lieu of notice period. It was further submitted that petitioner has not specifically denied in rejoinder -affidavit that one month's wages have been paid to him through cheque.;