- (1.) PARITOSH K. Mukherjee, J. In the present writ petition, the petitioner who was a clerk, has challenged the impugned order of termination, dated 28-10-1992, passed by the Executive Officer, Nagar Palika, Mainpuri, being respondent No. 2, set out at Annexure 5 to the writ petition.
(2.) IT appears from the aforesaid impugned communication that the services of the petitioner was terminated as the petitioner was temporary incumbent in the post, Short facts of the writ petition arc as follows ; The petitioner was engaged by the respondent No. 2 on the post of Amin on daily wages at the rate of Rs. 18/- per day in the year 1989, and continued on the said post till September 1991. Thereafter one Krishna Bahadur Singh who was working on the post of Motiarrir, on regular basis, proceeded on long leave in the month of September 1991, and the petitioner was asked to officiate aforesaid post. On 30-4-1992 the said Krishna Bahadur Singh, on the ground of his ill health and adverse family circumstances tendered his resignation by moving an application to this effect before the respondent No. 2. As such, after tendering the resignation of the said Krishna Bahadur, a clear and substantive vacancy of Maharrir arose, on which the petitioner was officiating. Hence the petitioner moved an application on 1-5-1992 before the respondent No. 2, and requested that he be appointed on the aforesaid post on regular basis.
(3.) THE respondent No. 2 made an endorsement on the application of the petitioner on 1-5-1992 directing the second clerk to submit a detailed report as is evident from the endorsement on the application. Pursuant to the aforesaid direction, by means of the endorsement dated 1-5-1992 made by the respondent No. 2 the second clerk submitted a detailed report to the said respondent, clearly mentioned therein the total period of service and its nature, rendered by the petitioner in various capa cities. It was reported that the petitioner has been working on the post of Amin, and thereafter, on leave vacancy of Krishna Bahadur Singh, keeping in view the petitioner's sincerity and devotion to the duties, which he render ed in the past, a strong recommendation was made in favour of the petitioner as admittedly he had completed more than 240 days of continuous service in each year. This report was submitted on 2-5-1992.;