HORI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner claims to have been appointed as 'Constable' in U.P. Police in the year 1966 and thereafter to have been promoted to the post of Head Constable. In the year 1973, petitioner was working in U.P. Provincial Armed Constabulary (PAC). Services of the petitioner were temporary uptil 1973. In the year 1973, several employees of PAC revolted. Army had to be called to quell the revolt. Against several employees of PAC, who were suspected to be involved in the revolt, F.I.Rs. were lodged and their services were terminated. Services of several employees, who were not permanent, were terminated without any enquiry. Such persons, against whom criminal cases were launched and who were subsequently acquitted, filed writ petitions for setting set aside their termination orders. Writ petitions were allowed and their termination orders were set aside.

(2.) Against petitioner no F.I.R. had been lodged. His services being temporary, he was dismissed on payment of one month's salary. Petitioner filed W.P. No.4369 of 1998 against his termination order dated 02.06.1973. The writ petition was filed after 25 years of termination of service. Writ petition was disposed of on 11.02.1998 by a very short order, which is contained in Annexure -1 to the writ petition. The entire order is quoted below: -

(3.) Appropriate speaking order shall be passed within two months from the date of certified copy of this order is produced before him. '' Thereafter, on 14.05.1998, S.S.P., Agra passed the order of reinstating the petitioner from the date of termination of service. It was also observed that order regarding wages etc. will be passed separately. In the said order of S.S.P. Agra, it is mentioned that the said order was being passed as per direction of the High Court dated 11.02.1998. In the order of S.S.P., there is no mention that services of petitioner were terminated on 02.06.1973 on the ground of his involvement in PAC revolt.