CHANDRA SHEKHAR MISRA Vs. SACHIV NAGAR VIKAS

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The petitioners allege that they were working in Jal Nigam, VIth Construction Division, Varanasi in 1989 as Pump Attendant and Hand Pump Mechanic. The petitioners were muster roll employees. It is submitted by the counsel for the petitioners that the Chief Engineer I. U. P. Jal Nigam, Lucknow, vide letter dated 26.5.1991 directed that services of those employees who have worked for less than 240 days, may be dispensed with. The petitioners having completed more than 240 days and having continuously worked for more than 5 years were illegally terminated by impugned orders dated 30.11.1994 and 26.11.1994, Annexures-2 and 3 to the writ petition respectively.

(3.) The impugned orders are being challenged on the ground that they have been issued by a Junior Engineer whereas the appointing authority of the petitioner was Superintending Engineer and Executive Engineer, respectively as such termination of their services by an authority lower in rank to the appointing authority, is illegal, arbitrary and without jurisdiction. It is alleged in paragraph 6 of the writ petition that services of all other daily wagers except the petitioners were terminated in 1991 while the petitioners were continued in service for about 3 years after termination of other employees. It is further alleged that petitioners are in service for last more than 6 years and their services cannot be terminated in this manner in violation of G.O. dated 20.5.1991. The impugned orders have also been assailed on the ground that they are non-speaking and non-reasoned orders and have been passed in violation of principles of natural justice.