KRISHNA CHAND Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS is an appeal against the order of learned Single Judge dated 14.12.2009 passed in Writ Petition No.5512 of 1992, whereby the writ petition filed by the appellant has been dismissed.

(2.) THE appellant was appointed on temporary basis by the District Development Officer, Maharajganj on 11.12.1991 on the post of 'Patra Vahak'. The appointment letter is annexure 1 to the writ petition, which clearly stipulates that the appointment is absolutely temporary and can be terminated at any time without giving any prior information. By the order dated 13.01.1992 the service of the appellant has been regularised. However, vide order dated 16.01.1992 passed by District Magistrate, Maharajganj all the appointments of Class -III and Class -IV made in the last six months in the office of District Development Officer have been cancelled. This order has been challenged in the writ petition.

(3.) LEARNED Single Judge has rejected the writ petition on the ground that Rule 19 of Group 'D' employees Service Rules, 1985 provide the procedure for appointment, which provides that for the purpose of appointment the appointing authority shall issue an advertisement in local newspaper besides pasting the notice for the same on the notice board. Learned Single Judge has observed that in the present case no advertisement has been made and therefore the appointment of the petitioner therein was not in accordance to procedure and accordingly upheld the order of the District Magistrate cancelling the appointment.