BRIJ MOHAN GULAHATI Vs. CONSOLIDATION COMMISSIONER AND ORS.

JUDGEMENT

(1.) PETITIONER , who was Lekhpal in the Consolidation Department, has Bled this writ petition challenging the order of termination of his service dated 31 -1 -1991, on the ground that the petitioner is a junior most Lekhpal. Petitioner had filed a writ petition earlier challenging the order posting of Sri K.K. Sharma in his place on the ground that by aforesaid order service of the petitioner stands terminated. This writ petition was dismissed on the ground that no order has yet been passed against the petitioner and by posting another person in his place, it cannot be said that his service has been terminated. It was further observed by this court that it will be open to the petitioner to file a fresh writ petition if an order removing him from service has been passed.

(2.) AS the petitioner was not being paid his salary he filed this writ petition for a writ of mandamus for payment of his salary from February 1991. This court by order dated 25 -7 -1991 directed the respondents to supply copy of the order, if any, passed against the petitioner terminating his services, within a period of fifteen days.

(3.) LEARNED counsel for the petitioner has argued that although petitioner's service has been terminated on the ground that he is junior most, but there are various other Consolidation Lekhpals, who were junior to him and they are still working. There are no details given in the writ petition regarding the persons who are junior to him and are still working. In the absence of any material and details on record about the aforesaid allegations of the petitioner, the petition is liable to be dismissed. Learned counsel for the petition has, however, requested for permission to make representation before Settlement Officer (Consolidation) against the order of termination of service of the petitioner. The petitioner is at liberty to make representation and if such representation is made within six weeks from today the same shall be decided by the Settlement Officer (Consolidation, Bijnore, by speaking order, within two months from the date of presentation of certified copy of this order alongwith copy of the representation. The order so passed shall be communicated to the petitioner within a week thereafter. With these observations the writ petition is dismissed.