RAM BACHAN MAURYA Vs. DISTRICT MAGISTRATE GHAZIPUR

JUDGEMENT

(1.) The petitioner was appointed on dally wages as Chowkidar in newly created Sub-Treasury Office, Jakhania, District Ghazipur under the order of District Magistrate dated 8.1.1990 by letter dated 20.1.1990. From 4.3.1992 the respondents stopped taking work from him. The petitioner challenged the action of the respondents by means of Writ Petition No. 11544 of 1992 which was disposed of finally on 8.4.1992 directing the District Magistrate to dispose of the representation of the petitioner as to whether any termination order was passed by the respondents or not. The District Magistrate called for a report from the Treasury Officer, Ghazipur who submitted his report on 29.7.1992 which was approved by the District Magistrate on 30.7.1992 and the representation of the petitioner stood decided. The respondents on application dated 31.7.1992 by the petitioner by an undated letter informed him about the order dated 30.7.1992 by which his representation was rejected. The petitioner challenged the communication made to him by the Treasury Officer. Ghazipur by Annexure-4 to the writ petition as well the order of District Magistrate dated 30.7.1992. The order of District Magistrate dated 30.7.1992 by which the representation was rejected was provided to the petitioner on the direction of this Court dated 24.9.1992 subsequently on 28.11.1992 which has been filed by him along with the application dated 7.5.1993. Petitioner has challenged the order dated 30.7.1992 and its communication Annexure-4 to the petition by means of the present writ petition.

(2.) In paragraph 3 of the counter-affidavit, it has been stated by the respondents that the petitioner was appointed on daily wage for short term as Chaukidar by order dated 8.1.1990 and he joined on 23.1.1990 on consolidated salary. His services were not required any more by the respondents, therefore, he was orally disengaged. The petitioner has got no right to claim any appointment being a daily wager. In paragraph 8 of the counter-affidavit, it was stated that the Sub-Treasury at Jakhania started working w.e.f. 2.12.1992 and from that date, the petitioner's service automatically ceased.

(3.) I have heard Shri Siddharth Verma holding brief of Shri S.K. Verma learned counsel for the petitioner and Sri V.J. Sahai learned standing counsel appearing for the respondents.