- (1.) HEARD learned counsel for the petitioner and learned Additional Chief Standing Counsel.
(2.) THE present writ petition has been filed with following prayers: - i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.08.1997 contained in Annexure No. 1 to this writ petition. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to reinstate the petitioner on his substantive post or Runner and to pay his entire arrears or pay and allowance at once. iii. Issue any other writ, order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case. iv. Allow this writ petition with costs.
(3.) THE brief facts give rise to the present writ petition are as follows: - The petitioner claims that he was duly selected by the Selection Committee and was appointed on Class -IV post by the District Commandant, Home Guards, Firozabad vide office order dated 08.08.1994 (annexure No. 2 to the writ petition) in the pay scale of Rs. 750 -12 -870. The petitioner was initially engaged on the post of 'Runner' and was attached to the Office of District Commandant, Home Guards, Firozabad. In pursuance to the appointment letter dated 08.08.1994, the petitioner had reported to the office of District Commandant, Home Guards, Firozabad on 17.08.1994. Thereafter, the petitioner had taken leave since 11.10.1994 to 12.10.1994 but had not reported to the office for 16 days and again remained absent from the duty since 07.12.1994 for 12 days. Thereafter, petitioner on various occasion remained absent from duty, the details are as follows: - since 13.06.1995 to 14.06.1995 ( 2 days), since 16.06.1995 to 01.07.1995 (17 days), since 16.10.1995 to 31.10.1995 (16 days) and since 24.02.1996 to 25.03.1996 (31 days) and since 26.09.1996. The Competent Authority initially vide letter dated 20.12.1996 had asked for an explanation and again show causes notice were sent to him on 21.01.1997 and 24.02.1997. Finally the petitioner reported the office on 24.04.1997 without any proper medical certificate or fitness certificate. In this background, District Commandant, Home Guards, Firozabad was compelled to pass the impugned order dated 29.08.1987 by which his services in the Department had been discontinued. While passing the impugned order the District Commandant Home Guards has taken recourse of the provisions of U.P. Temporary Service (Termination of Service), Rules, 1975.;