LAWS(ALL)-2008-5-110

RAJ KUMAR YADAV Vs. STATE OF U P

Decided On May 07, 2008
RAJ KUMAR YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -This Special Appeal has been filed against the impugned judgment and order dated 22.4.2002 passed by the learned single Judge by which he has rejected the claim of the petitioner on the ground that he was merely a temporary employee and has no right to hold the post. The learned single Judge further held that even if a person is appointed on probation and unless an order in writing is passed for confirmation and he is continuing beyond the period of probation provided under the rules, he would not be deemed to have been confirmed automatically, merely because the probation period is over.

(2.) THE facts and circumstances giving rise to this case are that the petitioner-appellant was appointed as a Constable in Provincial Arms Constabulary (hereinafter called the 'P.A.C.') on temporary basis. No order of confirmation had ever been passed. THE services of the petitioner-appellant were terminated after working for about seven years on the ground that his services were no longer required, vide order dated 14.9.1998. Being aggrieved, the petitioner-appellant filed Writ Petition No. 42766 of 1998, which has been dismissed by the order impugned dated 22.4.2002. Hence the present Special Appeal.

(3.) WE have considered the rival submissions made by learned counsel for the parties and perused the record.