BALBIR SINGH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Abolition of the post of Surveyor in the Drainage Sub Division at Panipat led to the termination of the services of the appellant. The suit challenging the order of termination was decreed by the trial court. On appeal by the defendant-respondent, the judgement and decree of the trial court were reversed. Aggrieved by the judgement of the learned lower Appellate Court, the appellant has approached this Court through the present appeal. A few facts may be noticed.

(2.) The appellant was appointed as a Surveyor on February 1, 1979. This appointment was made by the Executive Engineer on a purly temporary/ workcharge basis. On September 25, 1983, the services of the appellant were terminated by the Sub Divisional Engineer. He filed a suit challenging the order of termination. The suit was decreed on the ground that the order was without jurisdiction as it had been passed by the authority subordinate to the appointing authority. The appeal filed by the authorities having been dismissed, the appellant was rainstated in service on October 1, 1985. On October 9, 1985, a notice Ex.P.1 was issued to the appellant by which he was given a notice of ten days regarding the termination of his services w e f. October 20, 1985. The appellant again filed a civil suit and challenged this order, inter-alia, on the ground that the persons junior to him had been retained and that the action was wholly arbitrary and mala fide.

(3.) The claim made on behalf of the appellant was controverted by the defendant-respondents. It was inter-alia pleaded that as a measure of economy various posts had been abolished and the services of incumbents of those posts, including the plaintiff, had been terminated in strict conformity with the terms of appointment and the provisions 'of law. On the pleadings of the parties, the learned trial court framed the following issues: