S.N.Bhargava, J. - (1.) As per the facts mentioned in the writ petition, the petitioner was employed as a Junior Engineer on work-charge basis from August, 1988 to November, 1989 on the wages of Rs. 20/- per day, and from December, 1988 to February, 1989, on the wages of Rs. 40/- per day. He was performing the duties and functions of Junior Engineer like other regularly appointed Junior Engineers. The services of the petitioner were discontinued from February, 1989 without assigning any reason. The petitioner made representation but with no result. Hence, he has filed the present writ petition on 29.3.1989.
(2.) Notice were issued on 4.4.1989 as to why the writ petition should not be admitted and disposed of. The rule was made returnable within four weeks. A reply of the writ petition was filed or. behalf of the non petitioners on 5.7.1989, to which a rejoinder was also filed by the petitioner on 5.1.1990. The State Government has further filed reply to the rejoinder on 16th May, 1990. Arguments have been heard.
(3.) The State Government in its reply has submitted that the petitioner was appointed as a Surveyor on work-charge basis to make the survey of Beawar-Bheem Road on National Highway-8, for a period of three months, at the rate of Rs. 25/- per day. The said period was extended for one month; after the completion of the said work, the petitioner was engaged on daily wages as Supervisor to supervise the Beawar work from 1.12.1988 till February, 1989, at the rate of Rs. 40/- per day, on work- charge basis. The petitioner was engaged purely as a casual labourer in the capacity of Diploma Engineer which in normal language is called as Junior Engineer. The norms for regular appointment of Junior Engineer are totally different. The petitioner was never appointed as a regular Junior Engineer. The petitioner worked as a Surveyor on casual work and again as a Supervisor for special casual work which cannot be equated with the work of regularly appointed Junior Engineer. Since the petitioner was engaged purely as a casual worker on daily wage basis for casual works, on temporary basis and his services were dispensed with after the completion of the casual work for which he was engaged, therefore, there was no reason to assign any reason for the same.The non petitioners have also submitted a copy of the affidavit filed by the petitioner wherein he has stated as under : "I Satish Chandra Yogi S/o Shri Dhanpal Yogi, Resident of Beawar do hereby take oath and state as under : 1. I have been engaged temporarily on the work of 'Renewal by MSS with paver finisher from the 49/C to 58/c Beawar Bye Pass. 2. I can be removed at any time or after the completion of the work. 3. I will not claim any retrenchment benefits, work charged benefits, seniority claim, or any other benefits in any case." In rejoinder, the petitioner has submitted that he was employed firstly from August,1988 to November, 1988, secondly from December, 1988 to February, 1989 and thirdly April, 1989 to 11th May, 1989 although three posts of Junior Engineers/Sub Engineers are lying vacant in the sub-division under the Executive Engineer (NHW), Beawar.;