R.B.MISRA, J. - (1.) HEARD learned Counsel for the petitioner as well as learned Standing Counsel for the State.
(2.) THE petitioner has challenged the order dated 12 -7 -1996 (Annexure -5) whereby the service of the petitioner has been terminated under the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (in short called Rules 1975). The facts necessary for the adjudication of the writ petition are that the father of the petitioner Sri Sita Ram Lal was working as Lekhpal in district Gorakhpur (presently district -Maharajganj). He was permanent Lekhpal who died during the service period on 14 -2 -1974 leaving behind the petitioner as a legal heir. The petitioner was appointed as Lekhpal under U.P. Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 called Rules 1974 on compassionate ground in the year 1985. The impugned order dated 12 -7 -1996 of termination was passed by Deputy Collector/Prescribed Authority, Nautanva, Nichlol, Maharajganj without payment of salary to the petitioner from the month of April, 1996 onwards. It appears that the respondent No. 1 State of U.P. through its Commissioner -cum -Secretary of Board of Revenue, U.P. Lucknow has issued a circular dated 15 -2 -1991 to all the District Magistrate and Commissioner of State giving directions that those persons appointed specifically prior to 29 -5 -1990 on the compassionate ground under 'Rules 1974' were to be imparted Lekhpal training and on their failure in Lekhpal training their services were to be terminated. The petitioner has submitted that the untrained Lekhpals send for training were required to be given three chances to clear the training (Annexure -2).
(3.) IT has been contended on behalf of the petitioner that he was appointed on compassionate ground under 'Rules 1974' and failed in the examination, thereafter, he was allotted Halka by order dated 9th February, 1993 of respondents, thereafter, the impugned order of termination was passed. According to para 226 of Part II/Chapter XIV of U.P. Land Records Manual Limit to appearance of examination: -No candidates shall be allowed to appear at more than three examinations unless specially exempted by the Director, Scholars to pass in third attempt shall be removed from School In spite of the aforesaid provisions provided under law, the petitioner was not sent for the training and his service was terminated, whereas, he could have been provided two more opportunities availing to attend training.;