PIYUSH CHANDRA KAPIL Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Sunil Upadhyay, Advocate for the petitioner and Mr. N.P. Sah, learned standing counsel for the State of Uttarakhand. This writ petition was filed by the petitioner, before the High Court of Judicature at Allahabad in the year 1996. Consequently, the same was transferred before the Court under Section 35 of the U.P. Reorganization Act, 2000.

(2.) Since pleadings are complete in this case, the same are being heard and disposed of finally.

(3.) The petitioner was appointed as a Junior Clerk on daily wage basis but later on adhoc capacity vide order dated 30.08.1989 in the office of " Regional Ayurvedic & Unani Adhikari, Nainital". Consequently, vide order dated 18.06.1992 (Annexure-1 to the writ petition) the services of the petitioner were terminated stating that as per Government order dated 17.06.1992 and in compliance with the rules presently framed known as "U.P. Ayurvedic & Unani (Ministerial Staff) Rules, 1991", the post of Junior Clerk comes within the purview of Public Service Commission. Moreover, there is a ban on ad hoc appointments. There is no provision for ad-hoc appointments for the Junior Clerk, therefore, the services of the petitioner were terminated.