LAWS(ALL)-2018-5-756

DIWAKAR SHUKLA Vs. CHIEF ENGINEER & OTHERS

Decided On May 03, 2018
Diwakar Shukla Appellant
V/S
CHIEF ENGINEER AND OTHERS Respondents

JUDGEMENT

(1.) Heard learned counsel for parties and perused the record.

(2.) Petitioner was appointed on temporary basis as Chaukidar by Executive Engineer by order dated 21.09.1994. Thereafter another order was passed on 26.12.1994 appointing petitioner as Chaukidar. The aforesaid appointment of petitioner was purely temporary and by way of interim arrangement. It was not made by following procedure of recruitment prescribed under Group 'D' Employees Service (U.P.) Rules, 1985 (hereinafter referred to as "Rules, 1985"). Petitioner was terminated by an order of termination simplicitor dated 29.03.1995. However, it further provided that petitioner may continue to discharge duties till regularly appointed Chaukidar joins. Order of termination is challenged on the ground that it is arbitrary and has been passed without giving any opportunity or show cause notice to petitioner.

(3.) Having given my anxious consideration, I, however, find no merits in the submission. Appointment of petitioner was purely on temporary basis and by way of interim arrangement. Termination order was also termination simplicitor. Admittedly, petitioner was not appointed after following due procedure of recruitment prescribed in Rules, 1985. There is nothing to show that order of termination is by way of punishment. In the circumstances, it cannot be said that order of termination is bad. In taking the above view, I am fortified by a catena of decisions on the subject.