SATISH KUMAR (STATE) Vs. THE STATE OF U.P. AND ORS.
LAWS(ALL)-2010-10-403
HIGH COURT OF ALLAHABAD
Decided on October 28,2010

Satish Kumar (State) Appellant
VERSUS
The State of U.P. and Ors. Respondents

JUDGEMENT

Devendra Kumar Arora, J. - (1.) HEARD learned Counsel for parties and perused the pleadings of the writ petition.
(2.) THIS writ petition impugns the order dated 02.04.1991 (Annexure No. 7), passed by Director, Administration, Medical Services and the order dated 17.6.1991 (Annexure No. 8), passed by Chief Medical Officer, Deoria thereby terminating the services of petitioner with effect from the date of receiving of this notice/order. It appears that petitioner was initially engaged on 01.04.1989 as a daily wager at the rate of Rs. 15/ - per day. He joined the duty on 03.04.1989 and he was finally directed to join at the Primary Health Centre, Gauri Bazar, Deoria. Thereafter, a district level selection committee considered petitioner's case for appointment on regular basis and finally on his work and conduct having been found satisfactory. His case was recommended for appointment of regular basis. Thus, the petitioner was given a regular appointment as Class IV employee vide order dated 1.12.1989. The work and conduct of the petitioner have been claimed to have remained satisfactory, and at no stage, he earned any adverse entry. However, to utter dismay, by sweeping orders dated 02.4.1991 and 17.6.1991, impugned herein, services of class IV employee appointed after 12.06.1986 at Primary Health center, Bakhra (Gauri Bazar) in Deoria were terminated with immediate effect.
(3.) LEARNED Counsel for petitioner submitted that the services of petitioner were terminated by a sweeping order, issued by the Director, (Health & Family Welfare),Medical Directorate, U. P. Lucknow, and thereafter, vide a separate order by the Chief Medical Officer, Deoria, without giving any opportunity. Learned Counsel further submitted that similarly situated some other regular employees have also filed writ petitions, and in one of such writ petitions being Writ Petition No., 1644 (SS) 1992 (Narendra Kumar v. State of U. P. and two others), a learned Single Judge of this Court passed a detailed order and quashed the termination order.;


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