KALU RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel.

(2.) The petitioner is challenging the impugned termination order dated 7.4.99 (Annexure-12 to the writ petition). The petitioner was appointed in the year 1963 as Junior Engineer in Minor Irrigation Department. Uttar Pradesh Government. At the time of termination of service, he was working as Executive Engineer. Thus, the petitioner has put in about 36 years service. Now the impugned termination order dated 7.4.99 has been passed in which it has been stated that the petitioner did not possess a Diploma from a recognised institution and hence his initial appointment in the year 1963 was Illegal. The Diploma, which the petitioner has is from Asia Engineering Institute, New Delhi and it is alleged that this body is not recognised by the Central or State Government.

(3.) In our opinion, it is not open to the respondents to suddenly wake up after a gap of 35 years and declare that the petitioner's certificate which he obtained before entering service in the year 1963 was not a recognised certificate, and hence the petitioner's initial appointment in the year 1963 is invalid. The petitioner has been working since the year 1963 onwards until the date of the termination order and thereafter he was working in pursuance of the order, of this Court dated 26.4.99, but he has not been paid his salary after the date of termination.