TRILOK CHAND SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in the writ petition is mainly to an order dated 08.12.1992 (Annexure 12), by which the appointment of the petitioner as Co-operative Kurk Amin has been cancelled.

(2.) According to the petitioner, he was appointed to the post of Kurk Amin on 19.02.1981 on commission basis. Subsequently on 21.01.1984, he was appointed on salary basis, but suddenly on 09.01.1991, the petitioner was reverted to the post of Co-operative Collection Amin on commission basis. This order was challenged by the petitioner before the State Public Services Tribunal, Lucknow (for short "the Tribunal') in Claim Petition No. 352 of 1995 (for short 'the claim petition'). The claim petition was allowed on 30.07.1997 and the order of reversion of the petitioner dated 09.01.1991 was quashed. Directions were also issued to reinstate the petitioner on the post of Co-operative Kurk Amin on salary basis. This order was produced by'the petitioner before the competent authority on 23.09.1997. On that date, the petitioner also gave his joining.

(3.) It is the case of the petitioner that the order dated 08.12.1992 was never brought to the notice of either the petitioner or before the Tribunal when the claim petition was heard and decided finally on 30.07.1997. It has been passed without affording any opportunity of hearing being given to the petitioner; without conducting any inquiry. The order dated 08.12.1992 was sent to the petitioner vide communication dated 05.11.1997 (Annexure-11), which is also impugned in this petition.