JUDGMENT :

R.N. Misra, J. - The Petitioner was appointed as a temporary work sarkar on trial basis for a period of two months by the Executive Engineer, Rourkela construction Division (Opposite party No. 2) from 1-11-1969. The order of appointment clearly showed that it was under the work-charged establishment and the post was purely temporary and terminable at any time without assigning any reason. In May, 1971. a further order was made that the Petitioner may continue in the post till 15-6-1971, when the work of the construction of R.H.S. quarter (Group No. 1) under the Subdivision No. 1 would be nearing completion. On 29-7-1971, the Petitioner was re-appointed after termination of his previous service to a different post with a direction that the gap period between the previous service and the fresh joining may be treated as leave without pay. Ultimately on 9-11-1971, the following order was made:

Since there is no more work against which he has been appointed, his services are no longer required with effect from the expiry of one month from the date of receipt of this order.

The Petitioner has challenged the aforesaid order as being contrary to principles of "last come first go"be