G.S.Singhvi, J. - (1.) This writ petition is directed against the order dated 29.8.1990 passed by the Managing Director, Rajasthan State Ware Housing Corporation,Jaipur (hereinafter to be referred as "the Corporation") resulting in termination of the services of the petitioner from the post of Jr.Assistant. The petitioner was appointed as junior assistant in the service of the Corporation by an order dated 3.7.90 issued under the signatures of the Joint Director(Admn.) of the Corporation. The appointment was on ad hoc basis for a period of one year and it was stipulated in the order that his service can be terminated at any time without assigning any reason.
(2.) The petitioner has challenged the order dated 29.8.90 on the ground that no selected candidate has become available for appointment against the post of Junior Assistant and, therefore , the petitioner has a right to continue on the post , particularly when his tenure was for a period of one year . According to the petitioner ,termination of his service would result in denial of the only source of livelihood to him and therefore, the action of the Corporation should be construed as one violating the right of the petitioner to life as guaranteed by Article 21 of the Constitution. Petitioner's further assertion is that the action of the Corporation in terminating the service even before expiry of one year's period is unreasonable, unjust,illegal and deserves to be set aside.
(3.) In reply to the writ petition, the Corporation has asserted that the appointment of the petitioner on ad hoc basis was in terms of the provisions contained in Regulation 34 of the Rajasthan State Were Housing Corporation (Staff) Regulations, 1974. His service had been terminated in terms of Regulation 20-B of the Regulations by giving him one months' pay in lieu of the notice. It has further been stated that one Junior Shri Sadhu Ram who was in employment of the Corporation for last 19 years had been removed from service in pursuance of some departmental inquiry against him. On his appeal/representation, the Chairman of the Corporation after taking sympathetic view of the fact that he was a member of Scheduled tribe and was physically handicapped, reinstated him in service as Jr. Assistant. In order to accomodate Shri Sadhu Ram, one post of Jr. Assistant had to be utilised. It has also been asserted that some persons had been promoted to the post of Jr. Accountants. They had foregone their promotions and consequently they had to be reverted back to the post of Jr. Assistant. In fact 64 vacancies in the cadre of Jr. Assistant are available in the service of the Corporation and no vacancy in that cadre is available to accomodate the petitioner.;