- (1.) The petitioner is a second class B. A. His name was registered in the District Employment Exchange, Farrukhabad at Fatehgarh in the year 1967. Two vacancies of junior clerks fell vacant in the office of the Bhumi Sanrakshan Adhikari, Farrukhabad.. These vacancies were notified to the District Employment Exchange Farrukhabad on 10-6-1968 by the Bhumi Sanrakshan Adhikari stating that he wanted candidates having the following qualifications: (a) Candidates must be Inermediae II class; (b) Age should not be more than 25 years except retrenched employees, scheduled castes, bona fide gold-smiths etc. (c) They should know Hindi English Typing very well; (d) Preference may be given to the experienced hands. The District Employment Exchange sent up a panel of four persons. The name of the petitioner was not sent up. The petitioner thereupon applied direct to the Bhumi Sanrakshan Adhikari, Farrukhabad stating that although he was registered in the District Employment Exchange vet his name had not been sent up and requested that he should be permitted to appear in the competitive test. This permission was granted and ultimately the petitioner was selected for one of the posts. The Bhumi Sanrakshan Adhikari wrote a letter on 22nd June, 1968, to the District Employment Exchange Officer stating that three out of 4 candidates sent up by him did not possess the necessary qualifications and none of them could produce the certificate of having passed the Intermediate Examination and in those circumstances he allowed the petitioner and the another candidate to appear for the test. In the end he wrote: "I appoint Sri Tewari the most suitable candidate, and hope you will have no objection in his appointment and will strike off his name from your registers." Thereafter the appointment letter was issued to the petitioner on June 26. 1968. By this letter the petitioner was informed that he had been appointed as a temporary junior clerk subject to certain conditions, the first two of which are relevant and read: 1. His appointment is being made in stop-gap arrangement subject to pending selection through employment exchange. 2. His services are purely temporary and will be terminated on joining of some retrenched employee of the department.
(2.) The petitioner continued to work on this post upto the year 1970. On October 6, 1970, he was transferred from Farrukhabad to Kanpur. Before he could join at Kanpur his post was allotted to someone else. The petitioner was asked at Kanpur to go back to Farrukhabad but when he came back to Farrukhabad he was again told to go to Kanpur and this way he shuttled between Kanpur and Farrukhabad for quite some time. He could not be accommodated either at Kanpur or at Farrukhabad. Finally, by an order dated 25th November, 1970. his services were terminated by the fourth respondent, namely, the Bhumi Sanrak- shan Adhikari, Farrukahbad. This order is material and is reproduced below: "The services of Shri S. N. Tewari, E. C. of this office is hereby terminated with effect from the forenoon of 26th November. 1970, as his appointment was totally subjected to the pending selection through Employment Exchange as he was not selected through Employment Exchange which is against the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 and Rules made thereunder."
(3.) It is against this order that the present writ petition has been filed.;