- (1.) Heard Sri M. K. Srivastava, learned counsel for the petitioner and Sri Mata Prasad, learned Additional Chief Standing Counsel for the State-respondents
(2.) The writ petition was initially filed by the petitioner seeking a direction to the respondents to decide his representation dated 19.8.1998 with a further prayer that the matter may be considered in the light of report dated 21.2.1999 and to reinstate the petitioner on the post of Lekhpal with full back wages. Briefly stated the facts of the case are that petitioner was appointed as Lekhpal on 7.11.1978. His services came to be terminated on 21.7.1980 against which he filed a Claim Petition before the U.P. Public Service Tribunal. In para-10 of the writ petition it is stated that since he did not get any interim order in the Tribunal, therefore he filed a Writ Petition before the High Court being Writ Petition no.7951 of 1980 challenging the termination order dated 21.7.1980 and on 6.10.1980 an interim order was granted. The interim order was subject to the condition that his services shall not be terminated unless charge has already been taken. The writ petition, however, came to be dismissed on 19.2.1982 and the interim order was vacated. The petitioner then filed SLP no.2123 of 1982 and the Supreme Court by its order dated 11.6.1982 stayed the termination of the petitioner on the post of Lekhpal. During the pendency of SLP in the Supreme Court an order was passed on 28.9.1989 (Annexure-5 to the writ petition) wherein the petitioner was asked to withdraw his SLP or to get it dismissed as the respondents have absolutely no concern with the said litigation. By the same order the services of the petitioner were regularized and it was directed that he would be relieved to proceed on Lekhpal Training on 30.9.1989 by the Tehsildar and he should report to the Lekhpal Training College on 1.10.1989. In view of this letter, it is stated that the petitioner never contested his SLP before the Supreme Court and the same was dismissed for non prosecution on 19.3.1990. It is stated that the petitioner was sent for training from 1.10.1989 to 7.10.1989.He completed his training on 30.11.1990 in the said Training College. He was declared successful and was also issued a certificate to that effect by the Lekhpal Training College (Annexure-6 to the writ petition).
(3.) An order was passed on 29.7.1991 whereby the services of the petitioner were terminated on the ground that the petitioner's SLP had been dismissed on 19.3.1990 and therefore the stay order stood vacated and the writ petition filed in the High Court challenging the order of termination had already been dismissed. Accordingly the petitioner filed a Writ Petition in the High Court being Writ Petition no.24928 of 1991 challenging the order of termination. This writ petition was dismissed by the High Court on 13.8.1991 as disclosed in para 26 of the writ petition. Thereafter an order dated 19.11.1991 is stated to have been passed by the respondents to the effect that the petitioner's services were terminated on the ground that he had failed to qualify the Lekhpal Training Course and that if he was given a certificate by the Training College showing him to have passed then he may provide a copy of the said certificate. In the meantime the petitioner filed an appeal before the District Magistrate which was dismissed by the Chief Revenue Officer, Gorakhpur by order dated 4.12.1992. The petitioner challenged the said order by filing Writ Petition no.2487 of 1993. This writ petition was subsequently stated to have been withdrawn by the petitioner on 27.8.1999 on a wrong premises.;