JASWANT KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned standing appearing for the respondent.

(2.) The petitioner claims that he was appointed vide appointment order dated 16.3.82 on a Class-IV post on temporary basis in work charge establishment. Petitioner joined on 16.3.82 and thereafter, he was continuing in Work Charge Establishment. According to the petitioner, there was regular vacancies in the Irrigation Division, Ballia Division-I. The petitioner was giving appointment in regular establishment as Class-IV employees vide order dated 9.1.97 on the recommendation of departmental selection committee. The order dated 29.1.97 was cancelled by subsequent order dated 10.4.97. (Annexure-9 to the writ petition). Petitioner has stated that he was not given any notice or opportunity before passing the impugned order dated 10.4.97. A counter-affidavit has been filed on behalf of the State.

(3.) In reply to paragraph 17 it is not denied that petitioner was not given any notice but the case of the respondents is that petitioner's appointment was not done in accordance with the procedure prescribed for the regularisation. Hence, appointment was void abinition, therefore no notice was acquired.