Termination of services without affording an opportunity of hearing is a violation of Article 311 of the Constitution and the relevant rules.

1. :- By this writ petition the petitioner has prayed that the respondents be directed to permit the petitioner to join his duties on the post, as the other similarly situated persons are working, with all consequential benefits treating the petitioner as being continuous in service as being posted as Computer since March, 1972.

2. That the petitioner was appointed on the post of Computer, along with other about 71 persons, by order dated F-Estt/DES/11960-12030 dated 25.3.72. The petitioner joined his duties on 1.4.72 in the office of Special Officer, Agriculture Census at Revenue Board Rajasthan, Ajmer. The petitioner has also undergone for training of Punch-card at Agriculture Census, Revenue Board Rajasthan, Ajmer and after completing the training the petitioner was posted in the Codeing section. Other selected persons had also been posted on various jobs along with the petitioner in the Statistics Department. By an order dated 28.10.72 (Ann.3), the petitioner was transferred from Ajmer to District Family Planning Officer Chittorgarh. He was relieved from the office of Agriculture Census, Rajasthan Ajmer vide order dated 31.10.72 (Ann.4).

3. That after relieving the petitioner from the office of Agriculture Census, Rajasthan Ajmer the petitioner fell ill and he immediately sent intimation about his illness to the office of Family Planning Officer, Chittorgarh and also to the Director, Economics & Statisties Department, Rajasthan Jaipur. When the petitioner recovered from illness, he immediately approached to the Family Planning Officer, Chittorgarh. But the Family Planning Officer, has not permitted the petitioner to join his duties as he has not joined his duties within seven days and he asked the petitioner to contact the Director, Economics & Statistics Department Jaipur with regard to his transfer from Ajmer to Chittorgarh. The petitioner has thereafter approached the Director, Economics & Statistics Department, Jaipur on 1.2.73 and had requested him to clarify the position of his posting either at Chittorgarh or anywhere else, in Rajasthan. The petitioner has also submitted the representation before the Director on 1.2.73 (Ann. 5). Thereafter he has written several letters to the Director, Economics & Statistics Department, Jaipur for allowing him to join his duties. The details of letters have been disclosed by the petitioner in para Nos. 10 & 11 of the writ petition. Even the petitioner has wrote to the Minister concerned on 6.12.78. But no suitable order has been passed.

4. In reply it has been submitted that the petitioner was appointed on adhoc basis for one year and after his transfer to Chittorgarh, neither he applied for leave nor he joined his duties on new place of posting. Therefore, the petitioner has no right to join on the post of Computer either in Chittorgarh or in Ajmer.

5. In rejoinder the petitioner submitted that junior persons who were appointed along with the petitioner by the same order have been retained and thereafter they have been promoted. The appointment of the petitioner was against a permanent post. Due to illness the petitioner could not join, therefore without holding enquiry, the termination of the petitioner is bad in law.

6. In the case of Chetan Singh v. State of Rajasthan 1977(1) SLR 504 services of the petitioner were terminated on the ground of absence without leave. This court has considered that no opportunity was given to the petitioner apparently because the respondents assumed that as he had no extraordinary leave to his credit and he had himself asked for being relieved on his own risk and as no leave was sanctioned, his services could be terminated under rule 96(b) read with rule 86 of the Rules. The court had taken the view that the flow however is that before doing that an opportunity as provided under Article 311 of the Constitution and the rules had to be given. As no opportunity was given to him there has been a violation of Article 311 and the rules, and the im