Court No. - 4
Case :- SPECIAL APPEAL No. - 1370 of 2008 Appellant :- Jitendra Kumar Respondent :- State Of U.P. And Others Counsel for Appellant :- Vijai S. Sinha,K.D. Tiwari,Ramesh Rai,Sudhir Kumar Chandraul Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard. Perused the record as well as the impugned order.
It appears that the petitioner/appellant Jitendra Kumar had field Writ Petition No. 4093 of 2004 before this Court with prayer to quash the order dated 03.01.2004 by which his service was terminated contending that he was appointed on the post of peon in pursuance to the application which he made in response to publication of the post in newspapers on permanent vacancy.
The learned Single Judge, however, recorded that the appointment of petitioner was made only on temporary basis and his appointment order itself reflected that his service could be terminated at any point of time. He further held that the appointment of petitioner was against the sanctioned strength of the post as ban was imposed on appointment of class IV employees and as such his service was terminated under U.P. Temporary Government Servant (Service Termination) Rules, 1975 and proceeded to dismissed the petition.
In view of the aforesaid finding recorded by the learned Single Judge, we do not find any illegality or legal infirmity in the impugned order.
The appeal lacks merit and is dismissed.
Order Date :- 29.3.2018 Madhurima