NIRANJAN OJAH Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) The petitioner's case, briefly stated, is thus: By order, dated 18.7.1996. issued by the District and Sessions Judge, Barpeta. The petitioner was appointed as a peon on purely temporary basis and attached to Shri M. Uzir, learned Munsiff, Bajali, subject to the condition that his service shall stand terminated as soon as the Presiding Officer concerned leaves the station or earlier thereto without notice and without assigning any reason therefor. Apprehending that the petitioner's appointment would be terminated as soon as the officer concerned leaves the station, and also relying on the State Government's Notification, dated 13.9.1977, whereby the State Government has restrained appointing authorities from whimsically terminating the services of the Government employees, the petitioner has come to this Court, with the help of the present application made under Art. 226 of the Constitution of India, seeking issuance of appropriate writ or writs commanding the respondents/ authorities concerned not to terminate the petitioner's service and also to regularise his service in the post of peon.

(2.) While the issuing notice of motion, this Court, on 10.8.1999. directed that the petitioner's service shall not be terminated only on the ground that he was appointed as a peon attached to Shri M. Uzir, Munsiff, Bajali, who has been transferred to some other place.

(3.) I have heard Mr. B. Chetri, learned Counsel for the petitioner, and Mr. G. Soren, learned Government Advocate, Assam, for the State respondents.