ARUN KUMAR CHOUBEY Vs. ADMINISTRATOR NAGAR PALIKA MIRZAPUR

JUDGEMENT

(1.) In all the above noted petitions, common questions of law and fact are involved, they were, therefore, heard together and are being disposed of by this common judgment. Writ Petition No. 36179 of 1991, shall be the leading case.

(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 28.11.1991, whereby the Administrator of Nagar Palika, Mirzapur, has terminated the services of the petitioner in exercise of power under Rule 11 of the Rules, known as the U.P. Municipal Board Services [Inquiry, Punishment and Termination of Services) Rules, for short "the Rules'.

(3.) The relevant facts of the case giving rise to the present petition. In brief, are that, according to the petitioner, he was appointed as clerk grade II on daily wage basis for a period of three months only by the then President of the Municipal Board, Mirzapur, by order dated 1.6.1990. The term of the petitioner is alleged to have been extended by the President by order dated 20.9.1990. Therefore, it is stated that the petitioner was appointed as clerk on 1.6.1990 and on 30.1.1991 he was attached to the Health Department of the Board. Subsequently, the Board was superseded and the Administrator was appointed to look after the affairs of the Municipal Board, who, according to the petitioner, acting illegally and in violation of the provision of Rules 9 and 11 of the Rules, terminated the services of the petitioner by order dated 28.11.1991, hence the present petition.