IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2274 of 2008. Decided on: 5.3.2009. __________________________________________________ Shri Naresh Saini … Petitioner. Versus The State of H.P. and another … Respondent. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Petitioner : Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr.Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. ___________________________________________________________ Rajiv Sharma, Judge (Oral). The petitioner was appointed as Lecturer in Chemistry in the Government Senior Secondary School, Ghumarwin, District Bilaspur, H.P. on 6.10.1989on tenure basis. He was transferred from Government Senior Secondary School, Ghumarwin to the Government Senior Secondary School, Killar, District Chamba, H.P. on 14.1.1993. This was done with the prior approval of the Government. He was relieved by the Principal, Government Senior Secondary School, Ghumarwin on 19.4.1993. He did not join the new place of posting despite being relieved by the Principal on 19.4.1993. He was granted an opportunity to resume his duties within a period of 15 days vide communication dated 29.9.1993 1 Whether reporters of the local papers may be allowed to see the judgment? 2 failing which his services were to be terminated. He filed reply to the notice on 7.10.1993. The State Government on its own wisdom directed the petitioner and the similarly situated persons to appear before the duly constituted Medical Board on 23.11.1993 vide communication dated 4.11.1993. The petitioner informed the Director, Health Services on 19.11.1993 that on the basis of medical advice of Dr. P.S. Handa, he could not appear before the Medical Board on 23.11.1993 for his examination. The services of the petitioner in these circumstances were terminated on 19.11.1993. The petitioner, as noticed above, was appointed only on tenure basis with effect from 6.10.1989. Once he has been relieved by the Principal, Government Senior Secondary School, Ghumarwin, there was no occasion for him not to join at the new place of posting at Killar. He instead of joining duties at Killar informed the authorities that he was suffering from some ailment. The respondents directed him to appear before the duly constituted Medical Board on 23.11.1993. He refused to appear before the Medical Board on 23.11.1993 as per his own communication dated 19.11.1993. It is only in these circumstances that the petitioner’s services were terminated on 19.11.1993. Since the appointment of the petitioner was on tenure basis, there was no requirement under the law to hold any regular inquiry against the petitioner. The regular inquiry is only held against the regularly appointed Teacher under the CCS (CCA) Rules, 1965. The petitioner has been served with a notice to which he has filed the reply. The State Government has taken into consideration the reply filed by the petitioner before 3 terminating his services. The termination order has been issued in conformity with law. In view of the observations made hereinabove, there is no force in the writ petition and the same is dismissed. No costs. (Rajiv Sharma), J. March 5, 2009. (cr)