Hon’ble Sudhir Agarwal, J.—Since the order dated 1.11.2011 has been recalled vide order of date, on the request of learned counsel for the parties the Court proceed to decide the matter finally.

2. The only relief sought in the writ petition is that the petitioner be directed to consider for regularization on the post of Draftsman. It is not in dispute that the petitioner was engaged from time to time for a fixed tenure on a daily wage basis and after September, 1993 his engagement was not extended. The term of fixed term employee automatically comes to an end by efflux of time and in such a case, even a termination order is not required. The Apex Court in the case of Director, Institute of Management Development, U.P. v. Pushpa Srivastava, AIR 1992 SC 2070, has held that appointment made for a fixed term comes to an end by efflux of time after expiry of the period of appointment. There is no question of termination of service after expiry of the aforesaid period since the incumbent has no right to continue in the absence of an order of appointment after such period.

3. Learned counsel for the petitioner however submitted that the person similarly situated to the petitioner