- (1.) R. B. Misra, J. Heard Sri Abhishek Tripathi, holding brief of Sri K. K. Arora, learned Counsel for the petitioner and Sri S. P. Singh, alongwith Sri S. B. Singh, learned Counsel for the respondents-State. In this petition prayer has been made to quash the order dated 6-10-1990 passed by Prescribed Authority Sub-Divisional Magistrate, Pilibhit whereby the petitioner being treated as a temporary employee was terminated by an order simplicitor in view of the provisions of U. P. Temporary Government Servant (Termination of Service) Rules, 1975 (in short called 'rules 1975' ).
(2.) ACCORDING to the petitioner, petitioner was appointed as Collection Amin by an order dated 26-4-1990 in clear vacant post after the termination of one Sri Mahendra Nath Misra on the ground of corruption and irregularities. The petitioner rendered satisfactory service, however, petitioner was surprised to receive the termination order dated 6-10-1990 which has been passed without notice or show cause or without affording opportunity of hearing and ignoring the continuous service of the petitioner rendered for five years and instead of regularizing his service petitioner was illegally terminated contrary to the provisions of Article 14 of the Constitution. Against the above order dated 6-10-1990 an appeal before the Commissioner was filed that too was dismissed by order dated 21-10-1991. Being aggrieved against both the order dated 6-10-1990 and 21-10-1991 the petitioner has filed the present writ petition.
(3.) ACCORDING to the respondent, petitioner being a temporary employee has been terminated by a order of simplicitor in view of 'rule 1975' where no notice, or show cause or opportunity of hearing was necessary to be given to the petitioner in view of decision of Supreme Court (1991) 1 SCC 691, State of U. P. and another v. Kaushal Kishore Shukla. In 2004 (2) UPLBEC 2070, Ram Asray v. District Judge, Bijnor, it was held that temporary employee has no right to hold the post and his service is liable to be terminated without assigning any reason either under the terms of the contract providing for such termination or under the relevant statutory rules regulating the terms and conditions of temporary servants.;