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Judgment
The instant writ application has been preferred by the petitioner for the following reliefs:
“1(A) For the issuance of a Writ of mandamus or any other appropriate writ(s), order(s), or direction(s) to declare the actions or omissions of the Respondent Authorities, by which the services of the Petitioner, Deepak Kumar, as a daily wage driver, have been arbitrarily terminated or discontinued without adherence to due process or the principles of natural justice, resulting in the appointment of another individual to the said post in place of the petitioner, as illegal.
(B)For the issuance of a Writ of Mandamus or any other appropriate writ(s), order(s), or direction(s) instructing the Respondent Authorities, particularly Respondent No. 3, to promptly reinstate the Petitioner, Deepak Kumar, to the position of Daily Wage Driver with continuity of service, and to restore all consequential back wages and benefits accordingly.
And/Or,
(C)For passing any other appropriate writ(s). order(s), or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and equity.”
Learned counsel for the petitioner submits that the petitioner was orally appointed and worked satisfactorily but all of a sudden, he has been terminated from service. He submits that before termination from service there was no allegation against this petitioner. Accordingly, he submits that the respondents may be directed to re-visit with the order of termination.
Learned counsel for the respondents relies on the counter affidavit and submits that he was not regular employee as such he was terminated. He further submits that there is neither any appointment order nor termination order.
In reply to the same, learned counsel for the petitioner submits that he may be permitted to approach the concerned respondent and the concerned respondent may be directed to look into the issue in sympathetic manner since the petitioner was regularly working with the respondents.
Having regard to the aforesaid submission, the instant writ application is hereby disposed of by directing the petitioner to approach the 3rd Respondent as early as possible by filing a detailed representation and annexing all the documents to be relied upon by him. The moment the said respondent receives the representation, he will verify the record of the case and pass a reasoned and speaking order within a period of 12 weeks and if the order is in favour of the petitioner consequential order be also issued within a further period of four weeks.
Pending I.A, if any, also stands disposed of.