GIRRAJ GUPTA Vs. STATE OF M. P.

JUDGEMENT

(1.) THE petititioner has filed this petition challenging the order of termination dated 12.5.2005.

(2.) THE petitioner was appointed as Rural Medical Officer on contract basis vide order dated 28.5.1999 for a period of two years. After completion of period of two years in May 2001 the services of the petitioner continued. He filed a petition before this Court, which was registered as Writ Petition No. 875/2004, with regard to payment of honorarium of Rs. 15,000/- per month as per the provisions of the M.P. Public Health and Family Welfare Medical Cadre Contract Service (Appointment and Condition of Service) Rules, 2002, hereinafter called as the 'Rules of 2002'. This Court disposed of that petition vide order dated 5.5.2004 with a direction to the respondents to consider the representation of the petitioner. Thereafter, as per the petitioner the honorarium to the petitioner from May 2004 of Rs. 8,000/- per month or enhanced honorarium as per the provisions of Rules of 2002 of Rs. 15,000/- has not been paid for a period of one year and without giving any notice the services of the petitioner has been terminated on the ground that he was absent from 1.4.2005 up to the date of passing of the order i.e. 12.5.2005 whereby the services of the petitioner has been deemed to be terminated.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order of termination of the services of the petitioner is arbitrary and illegal and against the rule of natural justice. Contrary to this, the learned counsel for respondents has submitted that the order of termination of the services of the petitioner is valid and is in accordance with the Rules of 2002 because the petitioner was absent from duties.