HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION No: 2843 of 2008 Dated 8-7-2010 Between: P.Bhikshapathi. …Petitioner. And: The Nizmabad Cooperative Sugar Factory Ltd., represented by its chairman/person In Charge, Regd.No.21109, Sarangpur, Nizamabad and another. .....Respondents. THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.2843 OF 2008 ORDER : This writ petition is filed seeking a direction to the 1st respondent to continue and regularize the services of the petitioner as Fitter (Technical) in Nizamabad Cooperative Sugar Factory Limited with all consequential benefits. In the counter-affidavit filed on behalf of the 2nd respondent, it is stated that the petitioner was working as NMR during the crushing season only but not throughout the year. His services were terminated once in 1994 on the ground of misconduct and he was reinstated on 27.12.1995. Subsequently he absented himself during the crushing season in the year 2000 and he was taken back on 19.1.2001 subject to the condition that he would take the bottom most position in the seniority list of N.M.Rs. Again he absented himself in the year 2007. Having regard to the conduct of the petitioner, it was felt that there was no reason to continue him in service and accordingly his services were discontinued. Heard the learned counsel for both parties. The stand taken in the counter-affidavit that the petitioner was engaged as NMR and he worked during crushing season only could not be disputed by the petitioner. Admittedly there was no appointment following due process of selection nor there was any order of termination. In the circumstances, as rightly contended by the respondent, the petitioner cannot be treated as an employee holding the post and therefore the discontinuation of his service cannot be held to be arbitrary or illegal. Accordingly the Writ Petition is dismissed. No costs. ____________ G. ROHINI, J. Dt. 8.7.2010 Dvs HONOURABLE MS. JUSTICE G.ROHINI ` WRIT PETITION No: 2843 of 2008 Dated 8-7-2010