NIYAZ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner Niyaz Ahmad has moved this writ petition, inter alia, challenging the order of termination dated May 18, 1988 passed by District Magistrate, Basti, which has been set out in Annexure-VI to writ petition.

(2.) IT appears from the said order that the order of termination was passed by invoking the provisions of Uttar Pradesh Asthayee Sarkari Sevak (Seva Samapti) Niyamawali, 1975.

(3.) SRI D. K. Singh appearing for the petitioner submits that firstly, since the petitioner was appointed in the vacancy of one Umadutt, the petitioner's services should be regularised in view of Regularisation Rules, and secondly, since the petitioner was continuing on the post of 'Peon' from July 11, 1973 till July 5, 1986 his services cannot be terminated by passing the impugned order which cannot be treated as "termination" simpliciter."