INDU SINGH Vs. SANYUKTA NIDESHAK

JUDGEMENT

(1.) Heard Sri Harendra Prasad, learned counsel for the petitioners and Sri A.K. Singh, learned counsel for the respondents.

(2.) The petitioners claim to have been appointed as Basic Health Workers in Matra Evam Shishu Kalyan Department, a Department of the State Government. The services of the petitioners appear to be temporary. No appointment letters have been filed along with the writ petition. It appears that the petitioners services have been terminated by the order dated 6.2.1992 under the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 on the ground that the petitioners' services are not required. Challenging the said order, the petitioners filed Writ Petition No. 16605 of 1992 which has been dismissed. Against the said order, the petitioners filed Special Appeal, being Special Appeal No. 181 of 1992, which has been allowed by the order dated 12.7.1995. The order of the learned Single Judge and the termination order dated 6.2.1992 have been set aside and the petitioners have been reinstated on their posts without payment of arrears of salary but with continuity of service and other benefits. The Division Bench of this Court has observed that in the bottom of the order, since there is a note that the petitioners have furnished forged training certificates and, therefore, the termination was stigmatic which carries evil consequences against the appellants. It appears that against the order of the Special Appeal, Special Leave Petition filed before the Apex Court has also been dismissed. In pursuance of the order of this Court in the aforesaid Special Appeal, by the order dated 16.12.1995, the petitioners have been reinstated.

(3.) By the impugned orders, all dated 5.11.1998, the services of the petitioners have been terminated on the ground that in view of the order dated 10.8.1998 of Managing Director National Karyakram Anushravan Evam Mulyankan Pariwar Kalyan, U.P., Lucknow and letter dated 30.6.1998 of Joint Secretary (Chikitsha Anubhag-10) U.P. Government, Lucknow, the documents relating to the appointment of the petitioners were got verified. The documents relating to the training obtained from A.N.M.T.C. were found forged and a letter written by the Joint Director, Madhyamik Shiksha, Lucknow to Chief Medical Officer, Etawah was also found forged. Challenging the termination order, the petitioners filed the present writ petition.