SUNIL KUMAR Vs. DISTRICT & SESSIONS JUDGE, BALRAMPUR
LAWS(ALL)-2013-10-40
HIGH COURT OF ALLAHABAD
Decided on October 23,2013

SUNIL KUMAR Appellant
VERSUS
District And Sessions Judge, Balrampur Respondents

JUDGEMENT

SUDHIR KUMAR SAXENA,J. - (1.) THESE three writ petitions involved common questions of facts and law, as such, they are being decided by common judgment. Question involved in the writ petitions is whether order terminating the petitioners' service treating them Temporary Government Servant is valid in law.
(2.) I have heard Sri Y.S. Lohit and Sri Sameer Kalia, learned counsel for petitioners and learned standing counsel for the respondent. Briefly stated facts are that in pursuance of advertisement dated 18.8.2004 for the post of Stenographer, all the petitioners were appointed as Stenographers in the Judgeship of District Balrampur vide appointment order dated 21.9.2004. All the petitioners joined on 22.9.2004/23.9.2004. Finding these petitioners unsuitable in the job, District Judge, Balrampur has terminated their service vide order dated 3.4.2007. Order dated 3.4.2007 has been impugned in all the writ petitions.
(3.) ON 2nd March, 2006, District Judge, Balrampur constituted a Committee consisting of one Additional District Judge, Chief Judicial Magistrate and one Civil Judge (Junior Division) for taking test of the Stenography and typing of all the petitioners and to submit report within three days. Petitioners' case further is that on 13.9.2006 Sri Shivanand Mishra, District Judge, Balrampur required petitioners to appear in the Chamber of Joint Registrar on 23.9.2006 along with all the certificates pertaining to the institute which has granted certificate of Shorthand and Typing and they were further directed to appear in a test to be held in the Chamber of Joint Registrar (Inspection), High Court, Allahabad. Thereafter, petitioners were issued a show cause notice requiring the petitioners to show cause as to why their services should not be terminated. Reply was given to this show cause notice. After considering the reply, impugned order of termination has been passed by the District Judge.;


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