D.S.SINHA, J. - (1.) HEARD Dr. Rama Shanker Dwivedi, learned Senior Advocate, appearing for the petitioner, Shri B. D. Mandhyan, learned counsel representing the respondent Nos. 2, 3 and 4, and Shri Vinay Malviya, learned Standing Counsel of the State of U. P., appearing for the respondent No. 1, at length and in detail.
(2.) SHRI Satya Pal Singh, the petitioner, was appointed as Kamdar in the cadre of class IV employees in the Krlshi Utpadan Mandi Samiti, Gulawathi, district Bulandshahr on 6th July, 1969. His services were terminated on 31st May, 1974. Aggrieved by the termination order, he pursued departmental remedies. On being unsuccessful, he instituted a civil suit at Bulandshahr. Suit No. 136 of 1975 on 24th March, 1975, challenging the validity of the order of termination of the services. The suit was not contested by the Mandi Samiti. Thus, it proceeded ex parte, and was decreed on 27th July, 1977. A copy of the judgment decreeing the suit is appended to the petition as Annexure -1. Pursuant to the decree and judgment dated 27th July, 1977, the petitioner was reinstated. After the lapse of more than three years, the services of petitioner were again terminated by the order dated 7th May, 1980, a copy of which is Annexure -3 to the writ petition. This led the petitioner to filing of Claim Petition No. 343 P/III of 1980, under Section 4 of the U. P. Public Services (Tribunals) Act, 1976, (hereinafter called the Act). The claim petition has been dismissed by the order dated 21st April, 1989. The petitioner seeks to challenge this order through instant writ petition.
(3.) THE Impugned order has been passed by a single member of the U. P. Public Services Tribunal III, Lucknow.;