Court No. - 21
Case :- SPECIAL APPEAL No. - 667 of 2018 Appellant :- Raghav Singh Respondent :- State Of U.P. And 2 Ors Counsel for Appellant :- Rashtrapati Khare,Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is before us to examine correctness of the order dated 06.07.2018 passed by learned Single Bench in Writ-A No. 12547 of 1991.
Learned Single Bench dismissed the petition for writ by arriving at the conclusion that appointment of the appellant-petitioner was not made as per provisions of Uttar Pradesh Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1985 (hereinafter referred to as "Rules, 1985") and, as such, is dehor the rules. While arriving at the conclusion as above, learned Single Bench affirmed the order dated 16.04.1991 terminating the appellant-petitioner from service by invoking the powers under Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (hereinafter referred to as "Rules, 1975").
From perusal of the order of appointment as well as the order dated 29.05.1989 placing the petitioner in regular pay-scale of Rs. 354-550/-, it is apparent that no procedure as required for making appointment was adhered while employing the appellant-petitioner. The appointment of the petitioner was purely on part-time basis with specific condition that the same shall be discontinued without any notice. Despite the above condition, the appellant-petitioner was terminated from service by adhering the procedure under the Rules, 1985 and that is nothing but a termination simpliciter. The Single Bench rightly dismissed the petition for writ.
The appeal too is dismissed.
Order Date :- 30.7.2018 Shubham .
(Chandra Dhari Singh, J.) (Govind Mathur, J.)