- (1.) WE have heard learned counsel for parties and perused the pleadings of Special Appeal.
(2.) THIS Special Appeal arises out of judgment dated 5.4.2012 passed by learned Single Judge in Writ Petition No. 393 of 1993, whereby the Writ Petition has been dismissed and the interim order has been vacated, while holding that the impugned termination order was found faulty, legally or otherwise.
(3.) THE brief facts giving rise to the filing of the Special Appeal are that the appellant is a poor person belonging to Scheduled Caste community. He passed I.T.I. Examination from U.P. Board of Technical Education and Intermediate (Science) from U.P. Board and has experience of two years as electrician. The appellant was appointed as Mechanic (lower grade) in the pay scale of Rs. 975 -25 -1150 -EB -30 -1660 in Kshetriya Gramin Vikas Sansthan, Faizabad, by order of the Principal/Acharya, Kshetriya Gramin Vikas Sansthan, Masodha, Faizabad (respondent no. 3 herein) dated 24.2.1992 against a clear vacancy and was selected by a duly constituted Selection Committee as per the provisions contained in Rule 14 (2) of the U.P. Gramya Vikas (Prasaar Prashikshan Yojna) Subordinate Service Rules, 1987 (for short, ''the Rules of 1987'). After joining in the office of Principal/Acharya, Kshetriya Gramin Vikas Sansthan, Masodha, Faizabad, the appellant had been attending his duties regularly and marking attendance in the attendance register and was also getting salary every month. After having worked for about 10 months, all of a sudden, on 2.12.1992, the Principal/Acharya, Kshetriya Gramin Vikas Sansthan, Masodha, Faizabad, respondent No. 3, by order dated 2.12.1992, terminated the services of the appellant from the post of Mechanic. The appellant was appointed against a clear vacancy which was advertised in news papers 'Jan Morcha' and Naye Log' dated 15.2.1992 and 17.2.1992 respectively, and the Employment Exchange was also directed by respondent no. 3 to send the names. Applications were invited only from Scheduled Caste candidates for various posts including the post of Mechanic (lower grade) in the aforesaid pay scale.;