- (1.) THE petitioner was initially appointed as Driver in District Blindness Control Society, Badaun is a society registered under the Societies Registration Act in a project financed by the World Bank under the supervision and control of the Central Government. The appointment of the petitioner was for one year w.e.f, 29.9.97 and was extended from time to time.
(2.) THE contention of Counsel for the petitioner is that the District Blindness Control Society is a set-up which is being controlled by the Central as well as State Governments to implement the projects financed by the World Bank. District Magistrate is its Chairman and District Project Manager is its Secretary/Manager. Whenever a project or scheme for the welfare of the humans is financed by the World Bank in any country, it is through the Government of that country but that does not make the Agency which implements the project, is a State within the meaning of Article 12 of Constitution and the employees engaged in such projects do not become Government Servants.
(3.) IT is averred in Paragraph 5 of the counter affidavit that the petitioner has not been appointed against any substantive post. District Blindness Control Society has been constituted under the scheme of World Bank and District Magistrate is one of the representative of the State to ensure that money financed by the World Bank is properly utilized. It is clearly averred that the aforesaid society is not covered under the term "State" within the meaning of Article 12 of the Constitution. The Society is not under the administrative or financial control of the State Government. The writ petition is not maintainable as the petitioner was engaged in contract basis and his services have come to an end after expiry of the period of contract which has not been extended. As such he was not required to be served with any notice or to be afforded opportunity of hearing in view of condition No. 3 of the letter of contract specifically mentioning that the appointment is temporary and the services can be terminated at any time without any notice.;