RAJYA KRISHI UTPADAN MANDI PARISHAD LUCKNOW THROUGH ITS DIRECTOR Vs. MUKESH CHANDRA SON OF BHUTTU RAM

JUDGEMENT

(1.) This intra court Special Appeal arises against judgement and order dated 27.10.1999 passed by Learned Single Judge in Civil Misc. Writ Petition No.40563 of 1999-Shri Mukesh Chandra Vs. State of U.P. and others.

(2.) The Writ Petition was filed contending, iner alia, on the ground that petitioner was appointed on 7.8.1996 against one of six sanctioned posts of clerks in Mandi Parishad, Kanpur. The appointment letter annexed with Writ Petition as Annexure 1 shows that he was appointed without advertisement on stop-gap arrangement for 89 days or till regular selection was made. Moreover, the said arrangement was in exigency of the approval from higher authority and on fixed salary of Rs. 1400/- per month on the post of clerk along with one Arvind Kumar Singh.

(3.) The services of the petitioner was sought to be terminated on 11.6.1999 on the ground that his services were no more required. He was paid one month salary also. The termination order clearly mentioned that if any regular selection was made in future; the petitioner could participate in it. The said order dated 11.6.1999 was sought to be challenged by means of the aforesaid writ petition on the ground that termination order violates fundamental rights of the petitioner guaranteed under Articles 14,16 21 and 23 of the Constitution and Directive Principles of State Policy under Article 39(f) and also Article 41 of the Constitution.