MOHD NIHAL SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) PRAKASH Krishna, J. Challenging the termination order dated 31st of May, 1999 passed under the U. P. Temporary Government Services (Termination of Service) Rules, 1975, by Additional Director Industries (Karmik) the present writ petition has been filed.

(2.) THE petitioner claims that he was appointed on the post of Assistant Manager in pursuance of an advertisement for appointment after facing a Selection Committee constituted for holding interview. On 28-4-1980 he joined as Assistant Manager at Pratapgarh and has not been communicated any adverse entry except two for the last more than 12 years. Against the adverse entries awarded for the year 1983 and 1987 he has already preferred the representations which are pending and has thus completed more than 19 years of service on the post of Assistant Manager and his service was abruptly terminated by the termination order dated 31st May, 1999. No opportunity of hearing before termination and discharging the petitioner from the post of Assistant Manager was afforded. In para 12 of the writ petition although it has been stated that he has been discriminated in the matter of employment in as much as several juniors to him have been retained on the post of Assistant Manager including Shri S. C. Shukla and A. A. Zaidi. But no such argument was advanced at the time of hearing of the writ petition by Shri B. P. Srivastava, Advocate, the learned Counsel for the petitioner.

(3.) IN contra the learned standing Counsel submitted that passing of interim order by this Court will not confer any right in favour of the petitioner and the petitioner has to establish his case on merits in order to succeed in the writ petition. So long as no illegality is pointed out in the termination order, the petitioner is not entitled to get any relief in the writ petition. Reliance has been placed on a Division Bench decision of this Court in Ram Asrey v. District Judge, Bijnore, 2004 (2) ESC (Alld) 1204. The plea that the writ petition is liable to be thrown on the ground of alternative remedy was also agitated.