STATE OF UTTAR PRADESH Vs. VIKRAM SINGH

JUDGEMENT

(1.) Sub-rules 1 and 2 of Rule 3 of the U.P. Temporary Government Servants (Termination of Service) Rules, 1975 are as follows:-

(2.) The expression "temporary service" used in Sub-rule 1 of Rule 3 of the said Rules has been defined by Rule 2 of the said Rules in the manner as follows:-

(3.) Therefore, in terms of the said Rules, temporary service would be officiating as well as substantive service on a temporary post, or officiating service on a permanent post. Service of a person, who is officiating on a temporary post or on a permanent post or has been substantively appointed on a temporary post, can be terminated under the said Rules. By taking recourse to the said Rules, service of a person appointed temporarily on a permanent post cannot be terminated. In the instant case, as would be evident from the appointment letter, the private respondent herein was appointed on temporary basis, but not on a temporary post, nor was appointed for officiating on a permanent post. The logical conclusion, therefore, would be that he was appointed on temporary basis on a permanent post. That being the situation, his services could not be terminated by taking recourse to the said Rules.