D.B. CIVIL SPECIAL APPEAL (WRIT) NO.723/2008 Uma Shankar Asopa Vs. The Rajasthan State Co-operative Bank Limited, Jaipur & Anr. Date of Judgment :: April 09, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Ashok Gaur for the appellant. *** Heard Mr. Ashok Gaur, learned counsel for the appellant. This appeal is directed against the order dated 6.10.2006 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition no.604/1994 whereby and whereunder the writ applications filed by the appellant and one Ajay Kumar Sharma were dismissed. The appellant, initially, was appointed on the post of mobile guide under the respondent-Rajasthan State Co- operative Bank Limited, Jaipur for a fixed period of three years. On abolition of the post of mobile guide, the appellant and one Ajay Kumar Sharma similarly situated, requested the bank authorities to appoint them on any lower post as they were overage. The prayer of this appellant, however, was accepted and he was appointed on the clerical job. Having been appointed on the clerical job, the appellant thereafter filed this writ application challenging his termination from the post of mobile guide. The writ application, however, was heard on merit and was dismissed. It is contended by the learned counsel for the appellant that the post of mobile guide could not have been abolished as the work was perennial in nature and secondly, that his representation subsequent to the writ application for pay protection could have been considered by the authorities. -2- On own showing of the writ petitioner, it would appear that his appointment was contractual one for which he had executed bond. According to the contract entered in between the parties, the tenure of the post aforesaid was only for three years and after completion of three years he was terminated as his employment was co-terminus according to the contract. In the writ application, the main prayer was to issue a writ of certiorari quashing the order of termination of the writ petitioner-appellant from the post of mobile guide. However, ancillary prayers were also made for pay protection etc. The learned Single Judge of this Court, in view of the pleadings of the parties, held that since employment of the appellant was contractual one and he himself had offered for appointment on lower post, he cannot resile from his stand, and therefore, no relief was allowable to the appellant in the writ jurisdiction. The question of pay protection may be a quite different prayer of the writ petitioner but in the context of the writ application which was decided, the learned Single Judge of this Court was wholly justified in declining the relief for pay protection. In view of the nature of employment of the appellant as referred to above, we do not find any infirmity in the order impugned, nor we find any ground to issue any direction to the authorities for pay protection. For the reasons aforementioned, therefore, we find no merit in this appeal. It is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-