ARBIND KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) List revised. None present for the petitioner.

(2.) I have gone through the records. According to the petitioner, he was appointed on the basis of daily wage on 1.6.1987 and discharged his duties on the post of Clerk in B.R.D. Medical College, Gorakhpur.

(3.) It has been pleaded in the writ petition that the petitioner has been continuing on the said post as daily wage employee in pursuance of the appointment order issued from time to time. The petitioner's appointment on the post of daily wage Clerk was duly sanctioned by the Competent Authority as evident from documents filed as Annexures-2, 3 and 4 to the writ petition. On 1.7.1991, the petitioner had submitted a representation to the respondents for regularization of his services in pursuance of the Government Order dated 24.1.1989, as he had completed 3 years of continuous service. It has been submitted by the petitioner in the writ petition that after receipt of the petitioner's representation the opposite parties have stopped the payment of salary from July, 1991 and not paid the same upto December, 1991 in spite of discharging of duties. Thereafter w.e.f, 2.1.1992 the petitioner's services were terminated by oral instruction. In Paragraph No. 11 of the writ petition it has been submitted that no written order was passed by the Competent Authority for termination of petitioner's services.