DHIRAJ SINGH RAWAT Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2004-5-221
HIGH COURT OF ALLAHABAD
Decided on May 13,2004

Dhiraj Singh Rawat Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

RAJESH TANDON,J. - (1.) BY the present writ petition the petitioner has prayed for the issue of a writ order or direction in the nature of certiorari quashing the order dated 30.6.1999 passed by the respondent No. 2 thereby terminating the appointment of the petitioner on Class IV post.
(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the petitioner was appointed as Class IV employee on the post of Sweeper by an appointment letter dated 28.3.1993 by the respondent No. 2. The petitioner went to the office of the Chief Vetenary Officer on 1.4.1993 and submitted his joining report but the Chief Ventenary Officer refused to accept the joining report and passed the order that the appointment of the petitioner has been cancelled by Deputy Director, Vetenary, Uttaranchal and directed the petitioner to work as Daily Wager at Amottha. The petitioner has submitted that he has made a representation before the respondent No. 3, who after considering the representation of the petitioner issued fresh appointment letter vide order dated 20.8.1994. The petitioner has submitted his joining report and since then he was working as Class IV Employee. The petitioner has stated that he has not been paid salary since January, 1995. Interview for selection of the candidates was fixed on 30.6.1997. The petitioner has further submitted that respondent No. 4 vide letter dated 19/29.9.95 has terminated his services without any notice and without assigning any reason. On 14.11.1995 Allahabad High Court has passed the following order:"Issue notice. Until further orders of this Court the operation of the impugned order dated 19th September, 1995 and also dated 29th September, 1995 shall remain stayed with liberty reserved to the respondents to take a fresh decision in the matter after affording due opportunity of hearing to the petitioner."
(3.) THE petitioner has submitted mat on 30.6.1999, the respondent No. 2 passed a fresh order terminating the services of the petitioner. The petitioner has alleged that the order has been passed mechanically without application of mind and without affording opportunity of hearing to the petitioner.;


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