MOHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. The present writ petition arises out of the alleged illegal termination of the petitioner by respondent No. 2 from the post of Tube-well operator by the impugned order, dated 17/06/1994.

(2.) The petitioner was appointed as part-time Tube-well operator at Tube-well No. 22, at Kirawali, district Agra on fixed monthly salary of Rs. 299/- by order, dated 22/07/1988. The terms and conditions of petitioner's appointment as given in his aforesaid appointment order are as under: (Vernacular matter omitted)

(3.) The petitioner states that initially he was appointed for a period of three years. The salary of the petitioner was increased from Rs. 299/- to Rs. 560/- per month w. e.f., 1/12/1991. In paragraph '7' to the writ petition, it is stated that all of a sudden, the boring of the Tube-well, on which the petitioner was working, failed and as such the services of the petitioner were terminated by the impugned order, dated 17/06/1994 by giving him one month's salary in lieu of notice. The contention of the petitioner is that 25 Tube-well operators, who are junior to him, have been retained in service whereas his services have been terminated and as such the impugned order is illegal, arbitrary and has been passed without affording him any opportunity. He has also stated that there are several Tube-wells where the posts of Tube-well operators are vacant and the petitioner can be appointed on any of such Tube-wells.