DATA RAM GAUR Vs. DEPUTY DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) HEARD Mr. Rajendra Dobhal, the learned Senior Counsel assisted by Mr. D.C.S. Rawat, the learned Counsel for the Appellant/petitioner and Mr. K.P. Upadhyay, the Additional Chief Standing Counsel for the opposite party.

(2.) THE present special appeal has been filed against the order dated 10.12.2007 and 12.10.2009 passed by the learned Single Judge. The facts leading to the filing of appeal is that the Appellant/petitioner was appointed on 16.05.1990 as a junior clerk on an adhoc basis on a substantive vacancy. It transpires that the services of the petitioner was terminated by an order dated 23.03.1992 upon the joining of another person Sri R.C. Joshi. It is alleged that Sri R.C. Joshi was transferred from another place and upon his joining, the services of the Appellant on adhoc basis came to an end. The said order of termination was challenged by the petitioner by filing a writ petition before the Allahabad High Court being writ petition No. 14826 of 1992 in which an interim order dated 24th April, 1992 was passed permitting the Appellant to continue in service. As a result of the interim order, it transpires that Sri R.C. Joshi was adjusted in other post and the Appellant was allowed to continue on the substantive vacancy on an adhoc basis.

(3.) IT was alleged in the appeal that even though the writ petition was dismissed on 10.12.2007, the petitioner was allowed to continue in service till 29.09.2009. This Court by an order dated 05.11.2009 directed the Standing Counsel to receive instructions and file an affidavit. The order dated 05.11.2009 is extracted hereunder: