( 1 ) THIS petition has been filed by the petitioner Shri Layak Ram who was working as 4th class employee on daily wages with respondent No. 2 namely Canteen Manager, Army Head Quarter, Block Q, Saina Bhawan, New Delhi. It is the case of the petitioner that he was appointed in March 19, 1994 as 4th class employee on daily wages basis, after his retirement as army employee from where he is getting monthly pension of Rs. 950. In January 19, 1997 he requested for permanent appointment. The petitioner further alleges that there were three regular vacancies with respondent No. 2 and on the request of respondent No. I, respondent No. 3 recommended three names for regularisation which included the name of the petitioner as well. However, respondent No. 2 wanted to accommodate two of his kins. This move of respondent No. 2 was opposed by the employee of the canteen who were working there since long. On this respondent No. 2 became annoyed and on 9. 9. 1997 he refused to take the services of the petitioner which amounts to his termination. The petitioner contends that refusal on the part of respondent No. 2 not to take the services of the petitioner from 9. 9. 1997 and not r