A.S. SUPEHIA, J.

1. By way of present petition, the petitioner has challenged the order dated 13.10.2009, whereby the services of the petitioner are terminated.

2. The brief facts of present petition are as under:-

The petitioner was appointed by the order dated 28.10.2004 as Safai Kamdar on contractual basis for a period of 11 months. Thereafter, his service was extended time and again till the passage of impugned order.

3. Mr.Pradeep Patel, learned advocate for the petitioner has vehemently submitted that the impugned order of termination dated 13.10.2009 is passed dehors the condition contained in the appointment order dated 28.10.2004. He has stated that no notice or notice pay was given to the petitioner before terminating the petitioner from the service. Thus, the respondent authority has violated condition no.2 of the appointment order dated 28.10.2004.

4. Mr. Patel, learned advocate has also drawn the attention of this Court to the averments made in affidavit in reply, wherein he pointed out that there are three reasons of termination of services i.e. he remained absent, his services were not required and indiscipline on the part of the petitioner.

5. He has stated that