- (1.) This is a petition under Art. 226 of the Constitution.
(2.) The facts giving rise to this petition are these. The petitioner was declared successful at the Agricultural Extension Diploma Examination 1968 and was approved for temporary appointment as a member of S. A. S. group III in the scale of pay Rs. 1206150EB6180EB220 plus usual allowances by the Joint Director Agricultural (Administrationl vide his order No. AC/3803-4002/111-1 (Apptt) dt 22-7-1968. He was allotted to work under Deputy Director Agriculture, Faizabad. A copy of the said order is Annexure No. 1 to the writ petition. The Deputy Director Agriculture, Faizabad, in consequence, passed an order No. 4388/ E-III-59 dated 13-8-1968, a copy of which is Annexure No. 2 to the writ petition whereby he ordered that the petitioner was posted to work under the District Agriculture Officer, Sultanpur. It was further made' clear in the said order Annexure No. 2 that the formal appointment orders will be issued by the District Agriculture Officers concerned in accordance with the Planning (A) Department's G. O. No. 3084/XXXV-A-NES/58, dated 15-6-1961 on the usual terms and conditions. The District Agriculture Officer, in his turn, passed the order dated 19-8-1968 a copy of which is Annexure No. 3 to the writ petition which reads as under : "Sri Jagdish Kant Dubey, M. S. A. S. Gr. Ill appointed for this district by the Deputy Director of Agriculture, Faizabad Region, Faizabad in the scale of Rs. 120 61808220 per month plus dearness allowance as admissible under rules is hereby appointed and posted at Akhand Nagar Block." The petitioner served under the District Agriculture Officer, Sultanpur, and thereafter he was placed under the District Plant Protection Officer, Sultanpur, in the year 1975. He served there till his services were terminated on 14-4-1977. The petitioner impugned the said order of termination of his employment before the U. P. Public Services Tribunal but without success. He filed a review petition which was also rejected. He has now moved this petition under Art. 226 of the Constitution seeking the quashing of the order dated 14-4-1977 as also the orders of the Public Services Tribunal, Annexures 7, 8 and 10 respectively.
(3.) The petition has been opposed and two counter-affidavits have been filed one by Nand Lal Soni, Junior Clerk, Plant Protection Office, Agriculture Department, Sultanpur and the other by Divakar Upadhyaya, Plant Protection Officer, Agriculture Department, Sultanpur.;