HARBILASH Vs. STATE OF U.P. AND ANR.

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record.

(2.) THE Petitioner has challenged the validity and correctness of the impugned order of termination dated 17.11.1999 by which his services have been dispensed with w.e.f. date of notice on the ground that his services were no longer required.

(3.) THE contention of learned Counsel for the Petitioner is in two folds. The first contention is that U.P. Temporary Government Servants (Termination of Service) Rules, 1975 do not apply to the police constables. In support of this contention he has relied upon judgments rendered by this Court in Writ Petition No. 40708 of 2007: Girijesh Kumar v. State of U.P. and Ors., by His Lordship Hon'ble Sudhir Agarwal, to the same effect upon judgment rendered by His Lordship in Writ Petition No. 54350 of 2007: Praveen Tyagi v. State. Besides the cases cited above, learned Counsel for the Petitioner has also relied upon a Full Bench decision in the case of Vijay Singh and Ors. v. State of U.P. and Ors., 2004 (4) ESC 2209 and also in the case of Subhash Chandra Sharma v. State of U.P., 2000 AWC (3) 2367 and in the case of Vijay Shanker Tripathi v. State Public Services Tribunal and Ors. Writ Petition No. 28767 of 1998 decided on 23.11.2005.