V.K.Mehrotra, J. - (1.) Hari Om Singh, who is the third respondent in this petition under Article 226 of the Constitution filed by the U. P. State Road Transport Corporation, was employed on October 26, 1969 as a Junior Booking Clerk for the period ending November 24, 1959 in the erstwhile U. P. Government Roadways. His temporary appointment was extended from time to time but ultimately by order dated February 28, 19/1 his services were terminated as his work and conduct was not found to be satisfactory. On the representation made by Singh, he was given another chance and was appointed afresh on temporary and ad hoc basis by order of August 24, 1971. This appointment was subject to his passing a written test and approval of the Selection Committee. One of the conditions of his appointment was that bis services could be terminated by a months notice on either side or one months pay in lieu thereof.
(2.) With effect from June 1972 U. P. State Road Transport Corporation was created under Section 3 of the Road Transport Corporation Act, 1950 in place of the U. P. Government Roadways. By a notification dated June 30, 1972 published in the U. P. Gazette dated July 13, 1972, issued under Section 34 of the Road Transport Corporation Act, the assets and liabilities of the Roadways were taken over by the Corporation. The General Manager and other officers of the Corporation were to exercise the powers delegated by the Government of U. P. to the Transport Commissioner, U. P. and other officers subordinate to him immediately prior to June 1, 1972. The General Manager was the appointing authority of Junior Booking Clerk. He was redesignated as the Regional Manager in the Corporation.
(3.) Singh was asked to appear before the Selection Committee on December 22, 1973 but was not approved. However, on compassionate ground he was permitted to continue. By an order of August 27, 1975 he wa3 to continue on temporary ad hoc basis for the period ending September 30, 1975, On being asked to do so again, Singh appeared before the Selection Committee afresh on September 26, 1975. This time also he was not approved. The Selection Committee directed that his services be terminated on expiry of last extension which was to come to an end on September 30, 1975. Consequently, by an order dated September 2, 1975 his services were terminated. A copy of the order is Annexure 7 to the writ petition Singh has filed a counter-affidavit in this petition and has taken the stand that he was appointed as Booking Clerk on October 26, 1969 in a permanent capacity and continued in service without any break upto September 30. 1975.;