LAWS(ALL)-2012-8-217

BALKRISHAN SHARMA Vs. STATE OF U P

Decided On August 31, 2012
BALKRISHAN SHARMA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Anoop Trivedi; learned counsel for the petitioner and Sri A.K. Singh, learned Standing Counsel appearing on behalf of the respondents. By means of the present writ petition, the petitioner is challenging the order dated 13.9.2000 passed by the District Magistrate, Pilibhit by which the services of the petitioner have been dispensed with. The said order has been passed under the U.P. Temporary Government Servant (Termination of Service) Rule, 1975.

(2.) In the impugned order, it is stated that it has come to the notice from the inspection report of Board of Revenue, U.P. Bareilly Region, Bareilly and by the letter dated 11.8.2000 of Additional Commissioner (Finance and Revenue), Bareilly Region, Bareilly that the irregular appointment of the petitioner was made on the post of clerk and after return of Smt. Pratima Saxena, the services of the petitioner have not been dispensed with. It is further stated that at the time of appointment of Balkrishan Sharma, no post was vacant and he has been appointed against the leave vacancy occurred as Smt. Pratima Saxena Z.A.C. had gone on leave temporarily and after arrival of Smt. Pratima Saxena his services have not been dispensed with.

(3.) Learned counsel for the petitioner submitted that an advertisement was published by the District Magistrate, Pilibhit stating therein that two posts for Scheduled Castes and Scheduled Tribes candidates, two posts for OBC category and two posts for general category were vacant. For the aforesaid posts the applications had been invited. The petitioner being of general category, applied for the post of junior clerk. He cleared the written examination and selected in interview. In the select list, issued by the Additional Commissioner (Finance) Revenue Board, Uttar Pradesh, Bareilly Zone, Bareilly dated 31.7.1997 his name was shown at serial No. 2 of the general category. Thereafter appointment letter dated 12.9.1997 has been issued by the District Magistrate, Pilibhit, which is Annexure-4 to the writ petition. The appointment was temporary against the vacancy. It was stated that the services could be dispensed with, without giving any notice and his services could be taken at any place of the district. By the order dated 18.9.1997 issued by the Additional Commissioner (Finance) Revenue Board, Uttar Pradesh, Bareilly Zone, Bareilly, the petitioner has been appointed temporarily against the leave vacancy post of Z.A.C. in Treasury, Pilibhit which had fallen vacant on account of long leave taken by Smt. Pratima Saxena. He submitted that since the petitioner had been appointed against the vacant post advertised in the newspaper, the petitioner's appointment was not against the leave vacancy but against substantive post and, therefore, the petitioner's services could not be dispensed with. Other persons who have been selected and appointed along with the petitioner are still working through their appointments were also temporary and similar appointment fetters have been issued to them.