SURESH KUMAR GUPTA Vs. THE EXECUTIVE ENGINEER

JUDGEMENT

(1.) PETITIONER faces a selection and was appointed as Tubewell Rakshak by an appointment letter which has been annexed as Annexure 1 to the writ petition. In his appointment letter it has been mentioned that the petitioner had faced a selection and he was found suitable and was then granted appointment. However, the appointment order states that his services will continue only for three years and consequently his services were terminated by the impugned order dated 8 -3 -89 (Annexure 2 to the writ petition). This order has been challenged in this writ petition. A counter affidavit has been filed. Annexure CA -1 to the counter affidavit dated 19 -4 -83 states that a Tube -well Operator who is selected shall be continued only for three years and after three years a fresh selection will be held though he will be given preference. In my opinion this order dated 19 -4 -83 is wholly arbitrary and illegal. A person who has already faced selection cannot be made to face a fresh selection every three years and a damocles sword kept hanging over him. The action of the respondents terminating the petitioner's services is wholly illegal. The impugned order dated 8 -3 -89 is hereby quashed. The petitioner will be reinstated in service within one month of production of certified copy of this judgment before the respondent No. 1. With the aforesaid observations, the writ petition is allowed. There shall be no order as to costs.