Lakshmi Bihari, J. - (1.) Heard Shri Vinay Malviya, the learned standing counsel representing the petitioners and Shri K.P. Agrawal, learned senior advocate representing respondent No. 2.
(2.) The petitioner-State of U.P. has filed the instant petition praying for issuing a writ, order or direction in the nature of certiorari quashing the order of the Tribunal dated 4.2.1980 and has further prayed for issuing a writ, order or direction in the nature of mandamus directing the respondents not to give effect to the order dated 4.2.1980.
(3.) The respondent No. 2 was appointed on the post of Taqavi Accounts Clerk by an order dated 9th July, 1963 a copy whereof is Annexure-'3' to the writ petition. The relevant portion of the said order runs as follows : "The following candidates who appeared for the Competitive Test for the post of Taqavi Accounts Clerk, in the scale 60-3-72-EB-3-87-EB-3-90-4-110, are posted in the blocks noted against them. They should report for duty to the B.D.Os. concerned within 7 days. The appointment is purely temporary they will remain on probation for six months during which the services can be terminated at any time without notice.....";