KANSHI RAM ANAND Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution praying that an order passed by the U. P. Government dated 5-8-1954, terminating the services of the applicant be quashed.

(2.) The facts are fully set out in the affidavit filed in support of the petition. The applicant is a refugee from Punjab. He passed his M.B.B.S. degree from using Edward Medical College, Lahore in 1939. He migrated from Pakistan to India in 1947 and started residing in Hardwar in district Saharanpur. He was appointed to the U. P. Public Health Service from 20-6-1949 for a period of six months and was posted at Dehra Dun as Medical Officer, Anti-Epidemic Operations. On 10-8-1949, he received a communication from the Assistant Director of Medical and Health services, U. P. to the effect that the orders for his permanent appointment in the U. P. Public Health Service have since been received. He was, therefore, advised to stick to his appointment. When serving at Dehra Dun, he was asked to appear before the Medical Board in 1949 and again before the U. P. Medical Board and was declared fit by the said Board in April 1950. After this he was appointed as Medical Officer Anti-Epidemie Operations in U. P. Medical Service on two years' probation from 20-6-1949. His probationary appointment was published in the gazette dated July, 1950. On 16-10-1950, the petitioner received a communication from the Director of Medical and Health Services. U. P. to the following effect:

(3.) Government Order dated 5-8-1954 was sent to the applicant from which it appeared that he had been declared unfit for the retention in service by the State Medical Board and he was invalidated and discharged. After this order of discharge, the applicant made a representation to the Director of Medical and Health Services, U. P. by his letter dated 23-8-1954 in which he protested against the order of his discharge. Thereafter he made several representations to the head of his department and on 31-8-1954 he received a communication from the Director of Medical and Health services intimating him that his representation had been rejected. Thereafter he made three representations to the Governor dated 27-8-1954, 2-9-1954 and 3-12-1954 praying for his reinstatement and for the revision of the order passed against him. He also made a representation to the effect that he was entitled to his increments which had been withheld. He received a communication from the Secretary to Govt., U. P., D/- 17-6-1955 in which it was stated that his representations had been rejected and as he had been invalidated from service on the basis of an authoritative medical opinion and that as his services had not been terminated as a sequel to any disciplinary proceedings, the provisions of Section 55 of the Civil Services (Classification, Control and Appeal) Rules were not applicable to him and as he had not put in the prescribed period of qualifying service, he could not be granted any pension. As his services had been terminated, the question of granting him any increments did not arise.