BARlN GHOSH and C.M.PRASAD JJ.

1. By a notice dated 31st October, 2001, it was held out to the respondent-writ petitioner that a list of illegal appointees have been prepared, who had been appointed without following the mandatory rules for appointment and in that list, the name of the respondent-writ petitioner has been included. It was stated in the said notice that the respondent-writ petitioner should show cause as to why his services should not be terminated. The respondent-writ petitioner gave a reply thereto. Thereupon by an order dated 11th February, 2002, the services of the respondent-writ petitioner were terminated. The writ petition challenging the order dated 11th February, 2002 having succeeded before a learned Single Judge of this court, the present appeal has been filed.

2. lt is the case of the appellant that the respondent was appointed on a Class-IV post on 29th May, 1985 when he did not respond to any advertisement and he did not go through any selection process. It is the contention of the appellant that the very appointment of the respondent is thus, void ab initio being in total disregard to the constitutional scheme as also the recruitment rules fram