- (1.) K. D. Shahi, J. Petitioner Girish Kumar Misra, who was appointed on 14-8-1996 as IVth class employee by the District Inspector of Schools, Shahjahanpur on ad hoc basis, has filed the present writ peti tion for issuing a writ, order or direction in the nature of certiorari quashing the order dated 8-8-1997 (Annexure-9 to the writ petition) passed by respondent No. 1.
(2.) THE petitioner was appointed as Class IV employee on 14-8- 1996 in Government Higher Secondary School, Kant district Shahjahanpur. THE appoint ment letter (Annexure to the writ peti tion) specifically mentioned that he was appointed on 14-8-1996 on ad hoc basis for a period of two and half months only with a clear understanding that his services were purely temporary and can be terminated at any time without any notice. On 28-10-1996 his period of ap pointment was extended till 14-1-1997. His services were extended from 15-1-1997 to 28-2-1997 and again from 1-3-1997 to 14-5-1997. Thereafter the period of his services was not extended. The petitioner filed Writ Petition No. 21871 of 1997 which was decided by this Court on 10-7-1997. In the judgment itself it has been specifically stated that the appointment of the petitioner was for a short period and his services were ex tended from time to time and he could not have claimed as his right to continue on the post. However, this Court ordered that in case the work and conduct of the petitioner were found satisfactory, till any regular selection was made, it was open for the District Inspector of Schools to con sider regarding the appointment of the petitioner on a representation being rate by him. The writ petition was dismissed. No order was passed by this Court neces sarily to appoint the petitioner. On a rep resentation having been made the petitioner was again appointed on 23-7-97, vide Annexure '8' to the writ petition, on ad hoc basis. Then again by the im pugned order dated 8-8-1997 the District Inspector of Schools passed an order that by notification dated 19th August, 1992 it was informed that the appointment on ad hoc basis is banned from 29-1-1991. Therefore, the appointment of Girish Kumar Misra was an illegal and as such it was cancelled.
(3.) THE petitioner has alleged that he has neither been afforded any opportunity to show cause nor he has been given any right of hearing. Para 4 of the ban-order also exempted short term appointment and appointment on leave vacancy. It was contended in the counter-af fidavit as also in the argument advanced by the learned State Counsel, that as the order of appointment was purely on ad hoc basis and only for a limited period the petitioner has got no right to continue in service.;