SURESH CHANDRA SHARMA Vs. RAJASWA PARISHAD U P

JUDGEMENT

(1.) THIS group of writ petitions has been filed by Naib Tahsildars. The petitioners are aggriev ed at the order of termination of their services. In one case the petitioner has been reverted to the post of Collection Amin.

(2.) THE petitioners were working as Collection Naib Tehsildars on a seaso nal basis. In 1955 the Public Service Commission conducted an examination for the approval of Naib Tehsildars who were working on the Collection side. The petitioners appeared at the examination and were approved' by the Public Ser vice Commission. Thereafter, they were appointed as Naib Tehsildars, Collec tion. In November 1962 the cadre of Collection Naib Tehsildars was merged with that of Regular Naib Tahsildars by a Government Notification No. 2805 (M)/ID-1263-D/59 dated November 15, 1962. Since then the petitioners were working as Naib Tehsildars. Their ser vices have been terminated by an order which says that their services are no longer required, therefore, they are terminated with immediate effect on payment of one month's pay in lieu of one month's notice.

(3.) THE respondents have pleaded that the petitioners were appointed to the temporary posts of Naib Tehsildars (Collection) in a temporary capacity. The order of appointment specifically stated that the appointment was tem porary liable to termination at any time subject to one month's notice of dis charge on either side, or one month's pay in lieu of notice. The petitioners were never confirmed or appointed to a permanent post. After their merger, the petitioners continued to remain Temporary Naib Tehsildars. It has been denied that the petitioners' services have been terminated by way of punishment.