BHASKER JOSHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) HEARD Sri C.D. Bahuguna, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) BY means of this writ petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned order of termination dated 16 -11 -1999 passed by the Collector, District Bageshwar.

(3.) THAT facts, in brief, are that the District Magistrate, Almora after obtaining the approval from the competent authority advertised 20 posts of Patwaries for which a test was conducted and the petitioner was placed at serial no. 3 of the selected list of 20 persons. One Sri Laxman Singh was also selected and was placed at serial no. 4. The selected candidates were sent for training in the month of January 1996. In the meantime in the year 1997 Bageshewar, which was a part of District Almora, was formed as a new district. Sri Laxman Singh as well as the petitioner were appointed after completing training in the District Bageshwar. The petitioner was appointed as Patwari against the vacancy, which was created because of suspension of one Sri Nain Singh, whereas Sri Laxman Singh was appointed as Patwari against the post of Patwari fallen vacant due to ad -hoc promotion of Sri Ram Dutt Pandey to the post of Supervisor Kanoongo. Sri Ram Dutt Pandey was later on reverted to the original post of Patwari. Consequently, the D.M., Bageshwar passed an order of termination of Laxman Singh on 21 -07 -1999, which was challenged by means of writ petition no. 31010 (S/S) 1999 on the ground that in the selected list he was placed at serial no. 4, and his services have been terminated, whereas some persons junior to him have retained in the service by the Collector, Bageshwar. The Allahabad High Court vide its judgment dated 24 -04 -2000 allowed the writ petition of Sri Laxman Singh and quashed the order dated 21 -07 -1999 by which Sri Laxman Singh was terminated and the Court in result directed the respondents to reinstate Sri Laxman Singh.