PARAS NATH SINGH Vs. COMMITTEE OF MANAGEMENT, RASHTRIYA UCHCHTAR MADHYAMIC VIDYALAYA, MAHREV PUREON, JAUNPUR AND ANOTHER

JUDGEMENT

(1.) The petitioner was appointed a Librarian (Assistant Clerk), in the Urhchtar Madbyamlc Vidyalaya, Mahrev, Pureon, district Jaunpur, on 25th July, 197L, on probation for one year. He joined service the next day. The petitioner was confirmed in the post he was holding by an order dated 25th Dec., 1973, by the Managing Committee of the college. The petitioners name was also included in Provident Fund Scheme vide District Inspector of Schools letter no. 74-75 dated 25th May, 1974. The petitioner was not paid his salary. He, consequently, wrote to the Principal for payment of salary. The Manager by his letter dated 12th July, 1975 informed the petitioner that the District Inspector of Schools had by oral order directed that the petitioners service were surplus and, in the circumstances. the petitioners service were not required by the college and the service of the petitioner stood terminated from 1st Aug., 1975. The petitioner is aggrieved by the order of the respondents.

(2.) No counter-affidavit has been filed.

(3.) The petitioner was permanent employee. The termination of a permanent employee is governed by Regulation 26 (1) of Chapter will of the Regulations framed under the U.P. Intermediate Education Act. Regulation 26 contemplates that the service of a permanent ex-employee may be terminated by giving him three months notice or three months pay in lieu thereof, on the ground of abolition of the post which the employee is holding. It is further provided that the abolition may be due to the following reasons:-