1. On 27th October, 2005, this Court ordered Rule returnable early and interim direction to continue the petitioner in the employment.

2. The petition is listed on board for orders in view of the direction of the Hon'ble Supreme Court that the Writ Petition be disposed of within three months from the date of receipt of its order.

3. Petition is, therefore, taken up for hearing forthwith by consent.

4. Heard.

5. Learned Advocate for the petitioner submits that:-

[a] The petitioner was appointed as Assistant Teacher and In-charge Headmaster on July, 1996 on a clear vacancy, however, without an order of appointment.

[b] The petitioner was then appointed as In-charge Headmaster by order dated 28th June, 1997.

[c] The appointment of the petitioner as Assistant Teacher was approved by letter dated 8th July, 1998, for academic year 1996-97, i.e., for only one year.

[d] Since the vacancy, on which petitioner was appointed, was of permanent appointment ought to have been probation for two years and temporary employee for one year nature, made on not as

[e] The employer issued the order dated 3rd April, 1998 terminating petitioner's services with effect from 9th May, 1998.

[f] Th