A temporary employee has no right to hold the post and his services are liable to be terminated under the relevant service rules.

( 1 ) THIS special appeal has been filed against the judgment and order of the learned Single Judge dated 23. 9. 2003, by which the writ petition of the petitioner-appellant against the order of termina-tion of his services dated 22. 11. 2000 has been dismissed.

( 2 ) FACTS and circumstances giving rise to this case are that the petitioner-appellant has been appointed as the Driver by the learned District Judge, Bijnor on Ad hoc basis vide appointment letter dated 1. 11. 1991. A post of Jeep Driver was created vide order dated 1st May, 1999 and appellant was appointed on temporary basis. His services stood terminated vide order dated 22. 11. 2000 by the learned District Judge, Bijnor under Rule 3 of U. P. Temporary Government servants (Termination of Service) Rules, 1975 (hereinafter referred to as Rules, 1975) by giving one months notice. Petitioner-appellant challenged the validity thereof. However, the petition stood dismissed. Hence this appeal.

( 3 ) DR. R. G. Padia, learned Senior Counsel appearing for the petitioner-appellant has submitted that as the appellant had been working for a long time and even after termination of his services vide order dated 22. 11. 2000, he continued to hold the post under the interim order of this Court dated 15. 12. 2000 and in the meanwhile the U. P. Government promulgated the Rules for regularisation of the services of those employees who had been working for 3 years within the dates mentioned therein, petitioner-appellant was entitled to be considered for regularisation. More so, while the appellant was working under the interim order of the Court, he had been served the charge-sheet and after holding the enquiry, 5 annual grade increments had been withheld, meaning thereby the subsequent order of imposing the punishment vide order dated 23. 6. 2001 had superseded the earlier order of termination. Therefore, the judgment and order of the learned Single Judge is liable to be set aside. Petitioner-appellant has also filed an application under Order XLI, Rule 27 CPC. For taking the documents on record, particularly, regarding holding the enquiry and imposing the punishment vide order dated 23. 6. 2001. The said application be allowed and appeal of the petitioner-appellant deserves to be allowed and the judgment and order of the learned Single Judge is liable to be set aside.

( 4 ) ON the contrary, Shri K. R. Sirohi, learned Counsel appearing for the respondent has submitted that the writ petition itself was not maintainable against the District Judge and as no one-else has been impleaded as a respondent by the appellant. The District Judge is not amenable to writ jurisdiction. The Charge-sheet was on a misconduct committed by the petitioner-appellant subsequent to joining under the interim order of the Court. Therefore, subsequent order imposing the punishment does not supersede the earlier order of termination; as interim order merges into the final order, petitioner-appellant cannot take the benefit of the continuation in service under the interim order of this Court as his writ petition has been dismissed; it will operate w. e. f. the date of the filing of the writ petition or getting the interim order from this Court. A person whose service stood terminated, cannot seek regularisation unless the termination order is set aside. Petitioner-appellant was holding the post on temporary basis, thus, he cannot claim a right to hold the post; provisions of Order XLI, Rule 27, CPC are not applicable in special appeal. The appeal as well as the application under Order XLI, Rule 27, CPC is liable to be rejected.

( 5 ) WE have considered the rival submissions made by the learned Counsel for the parties and perused the record. EVIDENCE AT APPELLATE STAGE :

( 6 ) AS to whether provisions of Order XLI, Rule 27, CPC are applicable in special appeal was considered by the Division Bench of the Delhi High Court in Union of India v. Angrup Thakur, air 1969 Del. 279, and after examining th