- (1.) AN appointment was accorded to the petitioner as a member of Watershed Development Force (Veterinary Specialist) and he was allotted to Panchayat Samiti, Balesar in District Jodhpur. Under an order dated 3.8.2010 the Vikas Adhikari, Panchayat Samit, Balesar terminated service contract of the petitioner w.e.f 01.9.2010 on the count of closure of first, second, third and fourth Phase of Maru Vikas Haryali Programme and due to deficiency of budget. Being aggrieved by the same, this petition for writ is preferred.
(2.) IT is submitted by learned counsel for the petitioner that neither the Maru Vikas Haryali Programme was closed nor there is any deficiency of budget, therefore, the service contract of the petitioner has been terminated on a false ground. It is asserted that the programme concerned is in currency with full swing. A reply to the writ petition has been filed on behalf of respondents accepting that Phase I, II, III and IV of Maru Vikas Karyakram Haryali Programme are still in currency, however, the service contract of the petitioner was terminated looking to the non-satisfactory services rendered by him. The stand of the respondents as stated in apra-8 of the reply to the writ petition is as under :- "The averments regarding satisfactory discharging duties of the petitioner is not correct, as a matter of fact, he was not performing his duties sincerely and perfectly he has been given the warning in this regard number of times but he did't care the same, therefore, ultimately his engagement was terminated vide order dated 3.8.2010 providing the one month notice as prescribed for the same. The copy of the order notes dated 15.7.2010 and 31.7.2010 by which the petitioner was given the warnings, are submitted herewith as Annexure-R/1". According to learned counsel for the respondents a note was also made by the Assistant Engineer regarding the non- satisfactory services of the petitioner and by acting upon that the Vikas Adhikari, Panchayat Samiti, Balesar passed the order impugned.
(3.) HEARD learned counsel for the parties.;