SUDHIR KUMAR CHATURVEDI Vs. ZILA PARISHAD KANPUR DEHAT

JUDGEMENT

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

(2.) THE petitioner was appointed on 6.6.1989 as Road Roller Driver against permanent vacancy by the Adhyaksha, Zila Parishad. THE post of Road Roller Driver is mentioned at serial No. 32 of Schedule A to the U. P. Zila Parishad Service Rules, 1970.

(3.) IN the counter-affidavit, it has been stated that the petitioner was not appointed against any vacancy under Rule 51 (1) of the U. P. Zila Parishad Service Rules, 1970. His appointment was temporary/ad hoc and as such, his services can be terminated at any time. Besides this, one Surendra Kumar was a permanent Road Roller Driver on the sanctioned post of Road Roller Driver, which has been sanctioned on 16.2.1990 under Rule 4 (3) of the U. P. Zila Parishad Service Rules, 1970. There was only one vacancy of Road Roller Driver on which Surendra Kumar was working. The petitioner was not appointed on the sanctioned post and being temporary, has no right to the post. It is further stated that the second post of Road Roller Driver was never created, but the petitioner was illegally appointed as his father was the then Office Superintendent exerted under influence. It has also been averred in paragraph 4 of the counter-affidavit that the petitioner does not have any certificate for driving heavy vehicle.