BENEDICTO FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) RULE returnable forthwith. By consent taken up for hearing.

(2.) THE petitioner challenges in this petition under Article 226 of the Constitution of India the action of the respondent Government in arbitrarily terminating the ad-hoc appointment of the petitioner without any cause or reason while retaining that of others who were appointed alongwith him and were in similar circumstances as the petitioner.

(3.) THE petitioners case is that by order dated 31st July, 1992 he was appointed to the post of Lower Division Clerk in the Secretariat on ad-hoc basis for a period of six months with effect from 22nd July, 1992. This appointment was consequent upon his registration in the Regional Employment Exchange in its special scheme of "one Job In a Family" after which he was interviewed for selection of candidates in the temporary vacancies existing in the cadre of L. D. Cs. by a duly constituted Selection Committee sometime in the month of March, 1992. On his appointment to the post of L. D. C. in the Secretariat the petitioners name was struck off from the live register of the Regional Employment Exchange. The petitioner worked in the post continuously from 22nd July, 1992 to 21st January, 1993 without giving any cause for complaint from his superiors in the discharge of the duties assigned to him. The petitioner states that throughout the period of service rendered by him the petitioner did not receive any memo from his superiors nor any warning in connection with the discharge of his duties. However, on 19th January, 1993 the petitioner was surprised when he was served with the impugned order dated 19th January, 1993 relieving him from the charge of the post of L. D. C. with effect from 21st January, 1993 purportedly on the expiry of the period of six months. The petitioner then vide his representation dated 1st February, 1993 appealed to the Chief Secretary requesting him to revoke the order of 19th January, 1993. However, this appeal was rejected by the Chief Secretary by order dated 13th September, 1993. The petitioner states that his services have been terminated purportedly in accordance with the terms of the offer of appointment. However, the order of termination does not disclose any reasons or grounds for termination. It was also stated that at the time his appointment was terminated the services of other persons who were appointed on ad-hoc basis subsequent to the appointment of the petitioner were retained though they are otherwise placed in similar circumstances as the petitioner. It was thus the petitioners case that he has been singled out and discriminated by this order in violation of his fundamental rights guaranteed by Articles 14 and 16 (1) of the Constitution of India. Further the petitioners services have been terminated without assigning any reasons or without giving him any opportunity to show cause while the services of the remaining appointees who are similarly situated as the petitioner have been continued. This act according to the petitioner amounts to arbitrariness and violation of Article 21 of the Constitution. It was further stated by the petitioner that after the termination of his services on 21st January, 1993 the petitioner learnt that on or about 31st March, 1993 the respondent appointed some other persons to the vacant post of L. D. C. including in the vacancy caused upon the termination of petitioners services also on ad-hoc basis. The petitioner stated that it was not open to the respondent to replace one ad-hoc or temporary appointment by another ad-hoc or temporary appointment since this sort of action would be contrary to public interest. According to the petitioner the termination of his services being not by way of punishment since no disciplinary proceedings contemplated under Article 311 (2) of the Constitution were held nor any inquiry at all was instituted and even assuming that such termination is punitive in nature the same is in violation of the said provision of Article 311 (2) of the Constitution besides being violative of Articles 14, 16 (1) and 21 of the Constitution.