LAWS(RAJ)-2000-9-35

MOOL CHAND Vs. STATE OF RAJASTHAN

Decided On September 05, 2000
MOOL CHAND Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE instant writ petition has been filed for quashing the impugned order dated 25. 4. 1992, by which the services of the petitioner stood terminated because of abolition of the post.

(2.) THE facts and circumstances giving rise to this case are that petitioner was appointed temporarily only for a period of three months against a substantive post of Washerman in the hospital vide order dated 28. 1. 92 (Annx. 1) and his services have been terminated, vide order dated 25. 4. 92, for the reason that the post, on which he was appointed temporarily, stood abolished. Respondents have filed reply more than six years ago stating that the post, on which petitioner was appointed, stood abolished, therefore, he had no right to continue on that post and the respondents had no option but to terminate his services. It has further been stated in the reply that no person junior to petitioner has been retained on the post nor there was any post of Washerman lying vacant. Petitioner has not rebutted the aforesaid position by filing rejoinder affidavit.

(3.) IN the instant case, there is no allegation of malafides against the respondents nor the order of abolishing the post has been challenged. IN view of the above referred to settled legal proposition, petitioner does not have any right to hold the post and petition is devoid of any merit whatsoever.