BHUWAN CHANDRA JOSHI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner who was working on the post of Orderly in U.P. Waqf Vikas Nigam Ltd., Lucknow, feeling aggrieved by an order dated 5.1.1991, terminating his services, has filed this writ petition.

(2.) The brief facts are that the petitioner, who was an Intermediate passed, joined as a Class IV employee with U.P. Waqf Vikas Nigam Ltd., Lucknow on 21.1.1988. Initially he was appointed on daily wage basis. Subsequently Committee of three members, which was constituted to make recommendations about the suitability of the employees to fill up certain Class IV posts, considered the petitioner's candidature and on 30th of December, 1989 recommended for his appointment against the regular post of Orderly. The Managing Director by an order dated 30th of December, 1989 passed the appointment order, copy of which is Annexure 2 to the writ petition. A perusal of the same shows that the petitioner was appointed on probation for a period of one year which period was stipulated to be extended for another one year. The petitioner's services have been terminated by the Managing Director by his order dated 5.1.1991.

(3.) Counter-affidavit has been filed on behalf of opposite party No. 2. The petitioner filed his rejoinder-affidavit and also sought to amend the petition and take up certain other legal pleas. The amendment has been allowed and it has been incorporated.