(1.) This writ petition has been filed for quashing the order dated 2.1.2003 passed by the State Authorities by which the representation of the petitioner for continuous service and other benefits has been rejected.
(2.) Facts and circumstances giving rise to this case are that petitioner had been appointed on temporary basis as a Medical Officer in a Public Health Centre in Distt. Saharanpur on 16.10.1975. He joined the services on 24.11.1975. He applied for joining the Diploma Course and the respondent authority allowed him to join the same in 1978 on the condition that he would execute the bond to continue in service for a period of 5 years. After completion of the Diploma Course he joined the service. He was transferred vide order dated 15.2.1979 from the Health Centre in Distt. Saharanpur to Lucknow. Petitioner did not join the service at transferred place, as there had been some difficulty of not declaring his result of the Diploma Course. Petitioner field some application on 23.4.1997 in view of certain news published in Daily Hindi 'Dainik Jagaran'. Subsequently, petitioner filed a Writ Petition No. 24541 of 2000 which was disposed of by this Court vide order dated 25.5.2000 issuing a direction to the respondents to consider his representation. As his representation was not decided he filed Contempt Petition No. 1316 of 2002 and the authorities concerned in compliance of the orders passed by this Court on 25.5.2000 decided the representation by impugned order dated 2.1.2003 declaring that the petitioner's services stood terminated in 1979 in accordance with the Rules as he did not join on the transferred place and being a temporary employee there was no requirement of giving him any notice etc. Hence this petition.
(3.) Learned Counsel for the petitioner has submitted that petitioner's result in the Diploma Course had not been declared nor the certificate of Diploma, was given to him by the respondents in spite of the fact that he had executed a bond, he was a regular employee of the, respondents and his services could not be terminated in such a un-ceremonial manner. The order impugned is liable to be quashed.