TEJ PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the validity of the order of termination dated 16.3.88 (Annexure 2 to the writ petition) passed by the respondent No. 2. The petitioner has further prayed for a mandamus commanding the respondents to regularise petitioner's services on the post of Agriculture Teacher.

(2.) THE petitioner was appointed on the post of Agriculture Teacher under the Education Scheme No. 11 by means of appointment order dated 11.7.71. He joined the services on 17.7.71 in the Higher Secondary School, Musapur District Budaun. Since then, he was continuously working to the satisfaction of his superior officers without any complaint. His services were abruptly terminated by the impugned order after when the petitioner had put In about 17 years of service. Before the Impugned termination order, the petitioner was even allowed to cross the Efficiency Bar. According to the petitioner, under the aforesaid Scheme, twenty five persons were appointed, out of them twenty two persons have been confirmed, but not the petitioner and his services have been terminated by a discriminatory action. THE impugned order of termination shows that the only reason given therein is that the petitioner's services were no longer required. THE Scheme was very much alive and the vacancies were in existence. Thus, there is no rational reason for terminating the services of the petitioner. THE State Government by means of G. O. dated 20.11.79 once again reiterated the Government stand relating to the temporary employee by making a categorical statement to the effect that the matter regarding confirmation/regularisation was unnecessarily delayed. A direction was issued to the Heads of various departments not only to confirm the Government employees working over three years, but also to get temporary posts declared permanent. Another G. O. dated 19.8.81 was issued emphasising that the entire benefits almost at par with those provided to permanent employees should be extended to all such temporary employees, who had completed three or more years of regular service.

(3.) THE petitioner's counsel and the standing counsel have been heard at length.