D.P. Gupta, J. - (1.) THIS is a petition under Article 226 of the Constitution of India by which the petitioner has challenged the orders of the Deputy Director of Education, Jodhpur terminating the services of the petitioner as a Second Grade Teacher with effect from April 30, 1974.
(2.) IN brief the case of the petitioner is that he passed the M.Sc. Examination in Chemistry from the University of Rajasthan in the year 1973. in the First Division. On selection by the Departmental Selection Committee, die petitioner was appointed as a Second Grade Teacher, in the grade of Rs. 130 -360, on probation for a period of two years from the date of his joining the service along with three other persons, by the order of the Deputy Director of Education, Jodhpur dated November 6, 1973 (Ex. I). The petitioner joined his post as a Second Grade teacher on November 14, 1973 and continued to perform his duties on the aforesaid post until the Deputy Director of Education, Jodhpur by his order dated April 28, 1974 suddenly terminated his services with effect from April 30, 1974 on the ground that the petitioner along with the other three persons, whose names were mentioned in that order, was temporarily employed upto April 30, 1974 only. The petitioner made a representation to the Deputy Director of Education, Jodhpur. But by a subsequent order dated May 6, 1974 the Deputy Director amended the initial order of appointment of the petitioner dated November 6, 1973 to the effect that the appointment of the petitioner and three others would ensure only for the session 1973 -74 and that the said appointment would be effective only upto April 30, 1974. The petitioner, feeling aggrieved by the aforesaid orders of the Deputy Director of Education terminating his services with effect from April 30, 1974 and amending retrospectively the initial order of appointment of the petitioner, has filed the present writ petition. The submission of the petitioner's learned Counsel is that the petitioner was inatraily appointed by the order Ex. 1 dated November 6, 1973 for a period of two years and his services could not have been terminated earlier, as he was fixed term employee . The second submission of the learned Counsel is that the Deputy Director was not empowered to amend the order of initial appointment of the petitioner, with retrospective effect by his order dated May 6, 1974 without giving a notice to the petitioner and without affording him an opportunity of hearing, as that order immensely affected the rights of the petitioner.
(3.) THE respondents have submitted a return and their case is that while issuing the appointment order Ex. 1 dated November 6, 1973, relating to the petitioner and three other, the office of the Deputy Director used, by mistake, a wrong form relating to the appointment of trained graduates, although the petitioner and three others were untrained Science graduates and because of the mistake in order Ex. 1 if was mentioned that the petitioner and three others were appointed on probation for a period of two years, while in accordance with the Standing Order No. 8 of 1973 untrained Science graduates could have been appointed only for that session. The respondents have, further stated that this mistake was a bonafide error committed by the Deputy Director while issuing the order dated November 6, 1973 and it would become evident from the fact that orders relating to the appointment of other persons whose names appeared higher as well as lower to the four persons, including the petitioner, in the merit list clearly mentioned that such appointments would last till April 30, 1974 and, according to the respondents, no exception could have been intended to be made in this respect in the case of the petitioner and three others , who were appointed by order Ex. 1. It is further submitted that the mistake was realised when the petitioner made are presentation, after the order of termination of his services Ex. 2 dated April 28, 1974 was served upon him and thereafter the said mistake was rectified by issuing the order Ex. 3 dated May 5, 1974 amending the initial order of appointment of the petitioner dated November 6, 1973 and bringing it in consonance with the appointment orders of the other untrained Science teachers.;