MOHD LATIF KHAN Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed on the post of Non-Medical Assistant on 31.7.1964, after undergoing prescribed training course of six months. Before he could be confirmed in his appointment, his services were terminated by a simplicitcr order dated 4.2.1970 passed by Swasthya Sewa Nideshak, Uttar Pradesh. Against his termination, he represented to the Secretary. Ministry of Health. Govt. of U. P. and also to the Hon'ble Chief Minister, but nothing was done by them. He, therefore, served a notice under Section 80 of C.P.C. and thereafter filed a regular Suit No. 813 of 1972 in the Court of Munsif, Gorakhpur. The main ground taken in the suit was that the termination order was punitive in nature and was, therefore, bad for want of compliance of Article 311 (2) of the Constitution of India. It was said that several juniors to the petitioner were retained and only the petitioner was removed from the job.

(2.) The State filed its written statement (copy of which is Annexure-4) in the said suit, contending, inter alia, that the services of the petitioner were terminated under the terms of the appointment on the ground of unsuitability and the termination order was not by way of punishment. It appears, some evidence was also received in the said suit, but before a final verdict could be given by the Civil Court. Uttar Pradesh Public Services Tribunal Act came into force and thereupon, the case stood transferred to the Services Tribunal. The Tribunal heard the parties counsel and thereafter dismissed the claim petition vide its judgment and order dated 20.12.1979, copy of which is Annexure-5. The Tribunal took the view that the termination order was not punitive in nature and was not bad in law for want of compliance of Article 311 (2) of the Constitution.

(3.) The petitioner has now come to this Court with the prayer that the judgment dated 20.12.1979 of the Services Tribunal as well as the termination order dated 4.2.1970 passed by Swasthya Sewa Nideshak be quashed and he be treated to be in service and entire arrears of salary and other allowances be directed to be paid to him with all consequential benefits.