1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.800 OF 1996 Kisan Fakira Ghodke. ...Petitioner. Vs. Samarth Seva Mandal & Ors. ...Respondents. .... Mr.Mihir Desai for the Petitioner. Ms.Gauri Godse for Respondent Nos.1 and 2. ..... CORAM :DR.D.Y.CHANDRACHUD, J. June 19, 2008. P.C.: The Petitioner was appointed as a Peon in a temporary capacity for a period of three months on 3rd November 1989. Subsequently, on a dispute arising with the employer, parties arrived at certain Consent Terms before the Labour Court, Thane, under which the Petitioner was shifted to another School conducted by the management on the same terms and conditions. The case of the Petitioner was that his services were orally terminated on 2nd March 2 1991, whereas according to the management, a letter of termination was issued. The School Tribunal came to the conclusion that the order of appointment was purely on a temporary basis and that the Petitioner was neither appointed on probation nor against a clear vacancy. The finding which was recorded by the School Tribunal does not suffer from any infirmity. The Petitioner having been appointed purely in a temporary capacity can have no vested right. There is no merit in the petition which is accordingly dismissed. .......