Sudhir Agarwal, J. - (1.) Aggrieved by order dated 29.03.2004 issued by Executive Engineer, Minor Irrigation Division, Alopi Bagh, Allahabad (hereinafter referred to as "EEMID, Allahabad") terminating petitioner's services referring to Chief Engineer, Minor Irrigation Division, U.P., Lucknow's (hereinafter referred to as "CEMID, Lucknow") order dated 24.03.2004, whereby office order dated 18.08.2003 was cancelled, present writ petition has been filed by petitioner-Vikas Mishra alleging that he was appointed on compassionate basis, hence said appointment could not have been terminated by treating the same as temporary and referring to U.P. Temporary Government Servants (Termination of Service) Rules, 1975 (hereinafter referred to as "Rules, 1975").
(2.) Facts, in brief, giving rise to present writ petition are that Sri Manoj Shanker Mishra, father of petitioner, was working as Assistant Boring Technician in the office of EEMID, Allahabad. He died-in-harness in a Car accident on 22.02.1989 leaving behind widow, Smt. Shyama Devi and three sons including petitioner, i.e., Vikas Mishra, Vivek and Vinay. Age of three sons at the time of death of Sri Manoj Shanker Mishra was 9 years, 7 years and 5 years, respectively. Petitioner, after attaining qualification of Intermediate submitted application dated 09.11.1998 requesting for compassionate appointment under the provisions of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the "Rules, 1974"). Since nothing was done, another application was submitted on 08.12.2000. CEMID, Lucknow issued an order dated 18.08.2003 relaxing condition of submission of application within five years from the date of death and required EEMID, Allahabad to pass appropriate order in accordance with Rules for compassionate appointment of petitioner. Consequently on 28.08.2003 EEMID, Allahabad issued letter, appointing petitioner as Junior Assistant in the pay scale of Rs. 3050-4590/-. Letter of appointment states that appointment is temporary and liable to be terminated at any point of time. Pursuant to aforesaid appointment letter dated 28.08.2003 petitioner joined on the post of Junior Assistant on 29.08.2003. Since then petitioner has been working on the post of Junior Assistant. All of a sudden petitioner has been communicated with impugned order dated 29.03.2004 issued by EEMID, Allahabad terminating services of petitioner in purported exercise of power under Rules, 1975 stating further that CEMID, Lucknow vide order dated 24.03.2004 has cancelled office order dated 18.08.2003. It is also stated that petitioner's service is no longer required and he shall be deemed to be terminated after one month from the date of receipt of order dated 29.03.2004.
(3.) Sri Ateeq Ahmad Khan, learned counsel appearing for petitioner, contended that appointment of petitioner has been made on compassionate basis hence could not be terminated under Rules, 1975 treating his appointment, temporary. It is further submitted that CEMID, Lucknow had no authority to review its earlier order dated 18.08.2003 and to cancel the same by another order dated 24.03.2004, hence consequential termination order passed by EEMID, Allahabad is illegal and patently without jurisdiction. Lastly it is contended that termination of petitioner is also in utter violation of principles of natural justice as no show cause notice was issued to petitioner.;