Chief Justice's Court
Case :- SPECIAL APPEAL No. - 204 of 2016 Appellant :- Giraja Prasad Rai Respondent :- State Of U.P. And 4 Ors.
Counsel for Appellant :- Adya Prasad Tewari,Prem Shankar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Yashwant Varma,J.
Order on Civil Misc. Review Application No. 293989 of 2016.
As per office report, the review application is barred by 159 days.
Ignoring the delay in filing the review application, it is entertained on merits.
This application is preferred to review the order dated 14 March 2016 passed by the Division Bench of this Court in Special Appeal No. 204 of 2016.
The Special Appeal aforesaid was dismissed by arriving at a conclusion that the appointment of the appellate-review petitioner was on temporary capacity and as such he was rightly discontinued from service by invoking powers under the U.P. Temporary Government Servants (Termination of Service) Rules, 1975. While pressing the review application it is submitted that the review petitioner was regularised by the Government under an order dated 18 June 2009 passed by the Executive Engineer Prantiya Khand PWD, Ghazipur and necessary entry in this regard too was made in service book of the petitioner. From the order dated 18 June 2009, it is apparent that the review-petitioner was also working on work charge basis and under the order aforesaid, he was taken in regular cadre but in temporary capacity. The conditions given in the order dated 18 June 2009 also reflects that review-petitioner was working purely on temporary basis and his services were subject to discontinuation by giving a notice of one month or salary of one month in lieu thereof.
In light of whatever is stated above, no case is made out to review the order dated 14 March 2016. Review application is dismissed.
It is submitted by the learned counsel appearing for the review- petitioner that respondents have also not paid other dues of the review-petitioner.
For this purpose, it is always open for the petitioner to agitate the cause independently.
Order Date :- 30.11.2018 faraz (Yashwant Varma,J.) (Govind Mathur,C.J.)