AVATAR SINGH CHHABRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the appellant and Shri Ravindra. Singh appearing for the respondents.

(2.) This is an appeal against judgment and order dated 15.2.2006 by which the writ petition filed; by the appellant was disposed of.

(3.) Brief facts necessary for deciding the appeal are: the appellant has been working as a Seasonal Clerk in the Cane Cooperative Society, since 4.1.1971. The appellant filed a writ petition being Writ Petition No. 11981 of 2002 before this Court praying for appointment in regular establishment with regard to 50% quota on regular vacancies. The said writ petition was disposed of by this Court on 18.11.2003 directing the respondents to finalise the seniority list and determine the vacancy and 50% of the regular vacancy shall be filed by seasonal staff under Regulation 40 of U. P. Cane Cooperative Service Regulations, 1975. Against the said order special appeal was filed by the Deputy Cane Commissioner in which appeal the order of learned single Judge was not interfered with. The said order was passed on 23.7.2005. Subsequently, with regard to categorisation of seasonal employee one Gajendra Singh, who was working as Secretary in the Cane Cooperative Society, has recommended categorisation of the appellant in category B. Prior to the said letter recommending categorisation in B, there was an incident involving Gajendra Singh, the appellant and three other employees in June, 2005 in which cross first information report was lodged. The District Cane Officer wrote to the Secretary on 8.11.2005 that although categorisation of appellant has been shown in category-B but no evidence has been given in support thereof. The secretary was asked to give evidence within three days. The Secretary after the said letter vide his letter dated 12.11.2005 stated that the categorisation as given was with regard to period 1.11.2004 to 29.3.2005 for which period there was no indiscipline or any incident. The Secretary reported that categorisation is not with regard to the said period. He said that he is not agreeable to the categorisation as proposed by Gajendra Singh. After the said letter an order has been passed by the District Cane Service Authority approving category-B of the appellant and subsequently by another order dated 4.1.2006, the service of the appellant has been terminated.