(1.) This is defendants second appeal arising out of a suit for declaration that the order dated 4th February, 1956 and the action of taking over the charge from the plaintiff-respondent on 30th April, 1956 are unconstitutional, ultra vires and ineffective and the plaintiff-respondent still continues to be in service of the State of U. P.
(2.) The plaintiff-respondent's case was that he was appointed as a Lekhpal on 9th April, 1953 on probation for one year. After the expiry of the period of probation he- was deemed to have been confirmed in the. permanent cadre of the lekhpal and the State of U. P. had no jurisdiction to terminate the services of the plaintiff-respondent without affording him an opportunity and as such, the order was in violation of Article 311 of the Constitution and Rule 55 sub-clause (3) of Civil Services (Classification, Control and Appeal) Rules.
(3.) The State of U. P. contested the suit on the ground that the plaintiff- respondent was not a permanent employee. His services were terminated since he had failed to pass the departmental examination and his work was found unsatisfactory.