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3. Sri Surendra Nath Yadav who has filed Writ Petition No. 68129 of 2005 claims to have been appointed as a temporary Chaukidar in District Judgeship, Hamirpur by means of the order dated 25th November, 1997 w.e.f 1st December, 1997. He claims to have been subsequently transferred and posted as Process Server by means of the order dated 28th May, 2002 and then as an Office Peon by means of the order dated 7th June, 2005. He was issued a show-cause notice dated 6 th September, 2005 by the District Judge, Hamirpur calling upon him to explain why his services should not be terminated as there was no vacancy on the post of Chaukidar when he had been appointed on 1 st December, 1997. A reply to the aforesaid show-cause notice was filed by the petitioner on 21st September, 2005 and thereafter the order dated 27 th September, 2005 was passed terminating the services of the petitioner on the ground that there was no vacancy on the post of Chaukidar when the petitioner was appointed.

Provided that no person shall be promoted to these posts unless he is able to read and write Hindi in Devnagri Script' with correctness and fluency and can discharge the duties of the office satisfactorily and in the case of the post of daftari unless he also knows book binding.
(2) Process servers, orderly, peons. Office peons and farrashes-(a) by appointment of candidates on the waiting list prepared under Rule 12 or
(b) by transfer from one post to another according to suitability.
(3) Chaukidars, Malis, Waterman and sweepers- By direct recruitment on the discretion of District Judge.