Rakesh Tiwari, J. - (1.) The petitioner was appointed by the Deputy Commissioner, Sales Tax, Meerut Range as Chowkidar on 4.4.1977. In 1978, he was transferred to Muzaffarnagar. When he had put in a continuous service of about 8 years, he all of a sudden was terminated from service on 21.1.1985 by the Assistant Commissioner, Sales Tax, respondent No. 2, inter alia, on the ground that his services were no longer required. The said order of termination has been appended as Annexure-4 to the writ petition.
(2.) The petitioner moved a representation dated 15.6.1988 which was dismissed by the Deputy Commissioner, Sales Tax, Saharanpur Range, Saharanpur, vide letter dated 27.12.1989. The matter did not rest there. The petitioner was served by an order dated 27.12.1989 issued by the Deputy Commissioner (Administration), Sales Tax, Saharanpur Range, Saharanpur in continuation to the letter dated 31.1.1985 of the Assistant Commissioner (Judicial), Sales Tax, Muzaffarnagar Range, Muzaffarnagar. It was decided that services of the petitioner are no longer required and are terminated with retrospective effect in terms of the conditions contained in the order of the Assistant Commissioner (Judicial), Muzaffarnagar.
(3.) Aggrieved by the aforesaid order of the petitioner filed an appeal, dated 13.3.1990. Vide letter dated 24.4.1991, the petitioner was directed by respondent No. 1 to appear before him on 7.5.1991. Vide letter dated 27.5.1991, the petitioner was informed by the Additional Commissioner that his appeal was dismissed. The petitioner has assailed the aforesaid orders on the following grounds : (a) The Government by G.O. No. 20/1/72-Appointment-3, dated 10.8.1972 laid down that services of Class IV employees of long standing should not be terminated without sufficient grounds and without examining the past record of service (Annexure-10). (b) By Circular No. Astha.-4-Samanya-23-856/Bikri Kar, dated 21.5.1985. issued by the Commissioner, Sales Tax, U.P., Lucknow, it was laid down that services of temporary Class IV employees should not be terminated without following the procedure of CCA. Rules where the employee has put in service of three years or more (Annexure-11). (c) By Government Order No. 13/17/87-Ka-1988, dated 19.2.1988 issued by the Personnel Department, it was laid down that the authorities referred in the G.O. dated 10.8.1972 and Circular dated 21.5.1985 shall be empowered to terminate the services which made the appointment notwithstanding any subsequent delegation of power to lower authority than the one which had made the appointment. (Annexure-12).;