SANJAY SHARMA Vs. STATE OF RAJ.

JUDGEMENT

(1.) The petitioner is aggrieved of the termination of his employment as 'Technical Helper', w.e.f. 4th July, 2011 (Annexure -6), communicated to him vide communication dated 8th April, 2011 (Annexure -7), and therefore, has approached this court praying for the following relief(s): - -

(2.) Briefly, the indispensable skeletal material facts necessary for appreciation of the controversy raised are that the petitioner was successfully participated in response to advertisement dated 8th May, 2009, published by Jaipur Vidhyut Vitran Nigam Limited (JVVNL), for appointment to the post of 'Technical Helper', against 1390 vacancies, as would be evident from order dated 13th April, 2010, wherein his name found place at serial number 152. It is pleaded case of the petitioner that his substantive employment has been put to an end vide impugned order dated 4th July, 2011, which is illegal and arbitrary as well as in violative of principles of natural justice. Further, the action has been taken without having recourse to any enquiry which was imperative in the facts of the case.

(3.) Mr. Virendra Dangi, learned senior counsel, assisted by Ms. Nidhi Khandelwal, reiterating the pleaded facts and grounds of the writ application asserted that the petitioner being successful in response to the advertisement for appointment to the post of 'Technical Helper', was accorded substantive appointment. One of the condition of the offer of appointment specifically stipulated that the services of the 'Probationer Trainee', can be terminated with immediate effect at any time by giving one month's notice in writing or by giving one month's remuneration in lieu thereof except in case of misconduct of any description where services could be terminated as per relevant provisions, without giving any kind of notice and such persons would not be entitled to any kind of compensation.