RAJENDRA SINGH Vs. DISTRICT CANE OFFICER

JUDGEMENT

(1.) -By means of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 11-7-1988 (Annexure 6 to the writ petition) passed by the Secretary incharge Cooperative Cane Development Union Limited. Dhampur, Bijnor, whereby his services have been terminated. This order is sought to be quashed in the present petition. Since counter and rejoinder affidavits have been exchanged and there is no other party to be served, With the consent of the counsel for the parties and under the second proviso to Rule 2 of Chapter XXII of the Rules of Court. I consider it proper to dispose of this petition finally as the controversy involved in the present case is already settled in writ petition No. 19665 of 1989.

(2.) THE case set up by the petitioner is that he was appointed as Seasonal clerk in the Cooperative Cane Development Union Limited, Nagina, on 8-9-1986 by the District Cane Officer/District Assistant Registrar, Cane Cooperative Societies, Bijnor. Though the petitioner was not officially transferred to the Cooperative Cane Development Union Limited, Dhampur, but his services had been terminated by the Secretary incharge, Cooperative Cane Development Union Limited, Dhampur, by order dated 11-7-1988. Learned counsel for the petitioner also stated that alongwith the petitioner, another person, namely Sri Awadhesh Kumar Pandey, was appointed in the same situation in which the petitioner was appointed, but he has been retained in service and the services of the petitioner have been terminated in an arbitrary manner.

(3.) THE case of the respondents is that another person, Sri Awadhesh Kumar Pandey's appointment was mot on similar post as that of the petitioner and that has no relevance or bearing so far as the case of the petitioner is concerned-