SATISH CHANDRA PATAIRIYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S. Sandilya and V. Sandilya, learned Counsels for the petitioner and Sri S.P. Singh and Sri Mohan Yadav, learned Standing Counsels for the State respondents.

(2.) BY order dated 18.06.1992 (Annexure -8 to the writ petition) the Director, Ayurvedic and Unani Services, U.P., Lucknow had issued a circular, whereby in view of Uttar Pradesh Ayurvedic and Unani (Clerical Cadre) Services Rules, 1991 the post of Junior Clerk was brought under the purview of U.P. Subordinate Services Selection Commission and thereby restrictions have been imposed in respect of adhoc appointment, as there is no provisions under the service rules for making adhoc appointment, therefore, in consonance to the provisions of Rules the appointment of the persons deployed on daily wages or on adhoc basis were to be dispensed with immediate effect. Such directions issued by the circular dated 18.06.1992 were followed with immediate effect. Consequently, by an order of the Regional Ayurvedic and Unani Adhikari, Allahabad dated 20th July, 1992 (Annexure -6 to the writ petition) services of the petitioner along with some other persons appointed temporarily on adhoc basis were dispensed with. In sequence to this another order dated 23.07.1992 (Annexure -7 to the writ petition) was issued by the Incharge Medical Officer, Government Ayurvedic Hospital, Allahabad Nagar, whereby the temporary/adhoc service of the petitioner was dispensed with effect from 23.07.1992 forenoon by an order simplicitor.

(3.) AGAINST the above termination order the petitioner has come to this Court by way of present writ petition, and when this petition was filed, this Court was pleased to pass an interim order dated 19.08.1992 staying operation of the order dated 23.07.1992. The interim order dated 19.08.1992 reads as follows: -