MAHESH KUMAR MUDGIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant is aggrieved by the order dated 27/4/1989 of the High court of Judicature at Allahabad (Lucknow bench) dismissing his writ petition wherein his challenge to the post of Officer on Special Duty (Special Component Plan) which he was holding, failed.

(2.) The appellant joined Secretariat service of the respondent as Lower Division Assistant in a temporary capacity in the year 1975. Whereafter he was promoted as Upper Division Assistant. While the appellant was holding the post of Upper Division Assistant in officiating capacity, he was selected and appointed on ex cadre post of Officer on Special Duty (Special Component Plan) by order dated 16/10/1980. By Office Memorandum dated 8/5/1984, this post of Officer on Special Duty (Special Component Plan) WAS sought to be abolished and by notification dated 14/5/1984 Shri Shiva Shankar Singh, Respondent 4, was appointed as Officer on Special Duty (Special Component Plan) in newly-created post. Both the aforesaid office memorandum and the notification were challenged by the appellant in the writ petition in the High court.

(3.) In support of his case in the High court, the appellant had contended that a government servant holding a temporary post for more than three years acquired the right to be considered for confirmation against that post and if necessary by converting the temporary post into a permanent one. He said that since he had completed more than three years as Officer on Special Duty (Special Component Plan) , he was entitled to hold that post which was being abolished by Office Memorandum dated 8/5/1984. His further case was that this post was borne on the cadre of Directorate of Harijan and Social Welfare and could not be abolished by the Secretariat Administration (Establishment) of the State government. The case set up by the appellant did not find favour with the High court and it dismissed his writ petition.