RAHMATULLAH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Satya Prakash Pandey, learned counsel for the petitioner and learned Standing Counsel.

(2.) It has been submitted by the learned counsel for the petitioner that impugned order having been passed in purported exercise of powers conferred by 1975 Rules, is illegal and without jurisdiction since said Rules are not applicable to members of police force and their services are governed by provisions of U.P. P.A.C. Act, 1948 read with Police Act, 1861 of the Rules and Regulations framed thereunder.

(3.) Learned Standing Counsel, in reply, submitted that petitioner was a Cook, which is a Group-D post, hence, his services were governed by U.P. Police Group 'D' Employees Service Rules, 2009 (for short 2009 Rules). It was further submitted that in view of Rule 29 of the said Rules, the matters not specifically covered by said Rules, person appointed to a post under the Rules shall be governed by the Rules, Regulations and orders applicable generally to Government servant, hence, 1975 Rules were applicable and he being a temporary employee, his services have rightly been dispensed with in accordance with the provisions of the said Rules.