BAL CHAND SINGH YADAV Vs. STATE OF U P
LAWS(ALL)-2001-7-66
HIGH COURT OF ALLAHABAD
Decided on July 06,2001

BAL CHAND SINGH YADAV Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S.Rafat Alam, J. - (1.) This special appeal is preferred against the order of the learned single Judge dated 11.3.1997 in Writ Petition No. 1644 of 1994 dismissing the writ petition against the order of termination dated 24.12-1993.
(2.) It appears that Sri S. N. Singh, the then Deputy Director (Fisheries), Varanasi, at the verge of his retirement advertised few posts of Class-IV for appointment through advertisement dated April 22, 1993 in a local Hindi Newspaper 'Jan Mukh', a copy whereof has been annexed as Annexure-1 to the writ petition. The advertisement mentions that the candidates desirous for appointment appear before the Deputy Director (Fisheries). Varanasi, on 13.5.1993 along with the application for Interview. After interview, the petitioner along with Sri Lal Bihari was selected and was appointed as Fisherman on purely temporary basis through office order dated 15.5.1993 Issued by Sri S. N. Singh, the then Deputy Director (Fisheries). The letter of appointment further provides that the appointment is purely temporary and can be terminated on one month's notice. He consequently submitted his joining on 18.5.1993. However, by the impugned order dated 24.12.1993, his services were terminated on the ground that his services are no more required to the Department and, therefore, in terms of the letter of appointment one month's salary in lieu of notice is to be paid to the petitioner. Aggrieved, the petitioner-appellant approached this Court by filing Writ Petition No. 1644 of 1994 which has been dismissed by the learned single Judge vide order dated 11.3.1997 against which this special appeal has been filed.
(3.) Learned counsel for the appellant vehemently contended that the services of the petitioner-appellant has been terminated without assigning any reason and without there being any valid ground for such termination. It is also contended that on similar facts and circumstances Writ Petition No. 1638 of 1994 filed by one Sri Shesh Mani Vind has been allowed by another learned single Judge vide order dated 12.3.1997 wherein the learned single Judge was of the view that the order of termination dated 24.12.1993 is illegal and liable to be quashed.;


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