PANCHANAN SABAT Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THE Petitioner was appointed as a temporary work sarkar on trial basis for a period of two months by the Executive Engineer, Rourkela construction Division (Opposite party No. 2) from 1 -11 -1969. The order of appointment clearly showed that it was under the work -charged establishment and the post was purely temporary and terminable at any time without assigning any reason. In May, 1971. a further order was made that the Petitioner may continue in the post till 15 -6 -1971, when the work of the construction of R.H.S. quarter (Group No. 1) under the Subdivision No. 1 would be nearing completion. On 29 -7 -1971, the Petitioner was re -appointed after termination of his previous service to a different post with a direction that the gap period between the previous service and the fresh joining may be treated as leave without pay. Ultimately on 9 -11 -1971, the following order was made:

(2.) IN the counter affidavit filed on behalf of the opposite parties, it has been asserted that the Petitioner 's services was no longer required after 15 -6 -1971 and in view of the fact that the entire establishment was temporary and there was no need for the Petitioner 's services. the same were terminated on 15 -6 -1971 on the terms of the appointment. On his own representation the Petitioner was given a fresh appointment on purely temporary basis on 29 -7 -1971 as a guage reader and ultimately the Petitioner has been retrenched from that post for want of work. It has been stated in paragraph 5 of the counter affidavit that no work sarkar has been appointed after 29 -7 -1971, i.e. when the Petitioner was re -appointed as a guage reader.

(3.) WE would accordingly hold that the Petitioner has no case on the basis of the rule applicable to Industrial labour "last come first go" the Petitioner 13 not entitled to claim to be retained in office. Over and above, the Petitioner has also not established on the basis of which claim of application of that rule could be laid. The writ application is accordingly dismissed, but in the circumstances without costs.