YOGENDRA RAM CHAURASIYA Vs. STATE OF U P

JUDGEMENT

(1.) The present Special Appeal has been filed by Yogendra Ram Chaurasiya against the judgment and order dated 5.5.1997 passed by the learned Single Judge, where the learned Single Judge has dismissed the writ petition of the appellant on the ground that the appellant- writ petitioner was purely a temporary employee and even for the short period he was under employment there was several complaint against him as is evident from the perusal of annexures CA 1 to CA 7 to the counter affidavit.

(2.) Briefly stated facts giving rise to the present case are that the father of the appellant- writ petitioner late Telhu Baryee was working as a Lasker of 92 U.P. Battalion, N.C.C. at Ghazipur. He died while he was in service. The appellant writ petitioner being his son was given appointment on compassionate ground. The appellant was given appointment on 30.4.1994. It was mentioned in the appointment order that his appointment would be temporary subject to the termination under U.P. Temporary Government Servants (Termination of Service) Rules 1976. The appellant- writ petitioner accepted the said appointment and consequently he was posted as a Lasker of 92 UP Battalion, N.C.C. at Ghazipur. It appears that there was certain complaint against him for which warning was also issued and subsequently, vide order dated 23.3.1995, his services were terminated under the provisions of U.P. Temporary Government Servants (Termination of Service) Rules 1975, while giving him amount equivalent to the amount of his pay plus allowance for the period of notice of one calendar month. The appellant writ petitioner challenged his termination order dated 23.5.1995 in the writ petition which has been dismissed by the learned Single Judge vide the impugned order under appeal.

(3.) We have heard Sri Prakash Padia learned counsel for the appellant and Sri Ravi Prakash Srivastava learned standing counsel for the respondents.