BIRINDA PRASAD SRIVASTAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition, the petitioner prays for issue of a writ of certiorari quashing the order dated 24.9.1984 passed by opposite party No. 3 terminating the services of the petitioner and the judgment and order dated 6.6.1988 passed by U. P. Public Services Tribunal rejecting the claim petition of the petitioner.

(2.) It appears that the petitioner was appointed as Lekhpal in officiating capacity in the vacancy caused by promotion of Srt Babu Lal to the post of Consolidator in officiating capacity on 16.12.1982. Thereafter several persons, namely, Sri Sant Ram. Sri Bhudev, Sri Chander Bhan Singh. Sri Brijesh Kumar and Sri Krishan Swarup Sharma were appointed as consolidation lekhpals in the department. It was on 4.9.1984 that Babu Lal was promoted to the post of consolidator in district Aligarh as it is evident from Annexure-2 to the rejoinder-affidavit. On 24.9.1984. the services of the petitioner were terminated. It was also stated that order of reversion was passed against Babu Lal by the District Magistrate on 28.9.1984. a copy of which has been filed along with the counter-affidavit as Annexure-1. Challenging the validity of order of termination, the petitioner filed claim petition before the U. P. Public Services Tribunal. It was pleaded that persons who were junior to the petitioner and were appointed after his appointment, were retained in service and the services of the petitioner were terminated arbitrarily. The order of termination was, therefore, liable to be set aside.

(3.) On behalf of the contesting respondents, written statement was filed before the Services Tribunal pleading that the petitioner was appointed on purely temporary basis and his services were terminated in the terms and conditions of the appointment letter on reversion of Sri Babu Lal to the said post. Therefore. there was no illegality in the order of termination and the claim petition was liable to be dismissed.