RIKHESHWAR LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner as well as learned Standing Counsel for the State.

(2.) THE petitioner has challenged the order dated 12 -7 -1996 (Annexure -5) whereby the service of the petitioner has been terminated under the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (in short called Rules 1975).

(3.) IT has been contended on behalf of the petitioner that he was appointed on compassionate ground under 'Rules 1974' and failed in the examination, thereafter, he was allotted Halka by order dated 9th February, 1993 of respondents, thereafter, the impugned order of termination was passed. According to para 226 of Part II/Chapter XIV of U.P. Land Records Manual Limit to appearance of examination: -No candidates shall be allowed to appear at more than three examinations unless specially exempted by the Director, Scholars to pass in third attempt shall be removed from School In spite of the aforesaid provisions provided under law, the petitioner was not sent for the training and his service was terminated, whereas, he could have been provided two more opportunities availing to attend training.