K.M. Thaker, J.

1. When the petition is called out and taken up for hearing learned advocate for the petitioner is not present, Mr. Swapneshwar Gautam, learned AGP is present.

2. The petition is listed in special cause list for final hearing of old matters. Therefore, the Court is not inclined to adjourn the hearing of this petition on the ground of absence of learned advocate for the petitioner.

3. Heard Mr. Swapneshwar Gautam, learned AGP.

4. In present petition the petitioner has prayed, inter alia, that:-

"14(A) Quashing and setting aside the order dt. 31.7.2002 terminating the services of the petitioner, and to reinstate him with all consequential benefits including backwages."

5. So far as factual background is concerned it has emerged from the record that according to the petitioner he came to be appointed on compassionate ground vide order dated 29.5.1998 as 'Karkun' in the office of the respondent.

5.1 According to the terms of the appointment order dated 29.5.1998 the petitioner was obliged to pass examination in permissible number of attempts (i.e. 3 attempts).

5.2 The petitioner's service came to be terminated vide order dated 31.7.2002 on the ground that the petition