- (1.) D. S. Sinha, J. Heard Sri Yogesh Kumar Saxena, learned counsel for the petitioner and Sri D. N. Verma, learned Standing Counsel representing the respondent Nos. 1, 2. 3 and 4.
(2.) THE petitioner, an erstwhile temporary Collection Peon of Tehsil Bhongaon, district Mainpuri, invokes the jurisdiction of this Court under Article 226 of the Constitution of India for redressal of his grievance against the order dated 4th April, 195, passed by the Sub-Divisional Officer/sub-District Magistrate, Tehsil Bhongaon, district Mainpuri, the respondent No. 2, a copy whereof is Annexure '9' to the petition, purport ing to dispense with his service. Asserting that he was selected on regular basis for appointment on the post of collection peon in accordance with the provisions contained in U. P. District Office Collectorate Ministerial Service Rules, 1980 read with Group 'd' Employees Service Rules, 1985 he claims that dispensation of his services without observing the principle of natural justice id est without affording him any opportunity of hearing to him, is bad in law and liable to be struck down. Noticing the above assertion, the court passed the following order on 3rd May, 1995 : "the petitioner has asserted that he had selected on regular basis for appointment on the post of Collection Peon in accordance with the provisions contained in U. P, District Office Collec torate Ministerial Service Rules, 1980 read with group 'd' Employees Service Rules, IS'85. Learned counsel for the petitioner prays for and is granted one week's time to file the certified copy of the select list contem plated under Rule 21 of the aforesaid Rules, 1985. The respondent No. 3 shall ensure that in case the application for the purpose of supplying the certified copy of the aforesaid select list is submitted by the petitioner before the said autho rity a certified copy of the select list shall be supplied to him on payment of necessary charges and in case on such select list has been prepared or no selection has been held as claimed, this fact shall be clearly indicated in the order disposing of the aforesaid application. List/put up this petition for admission on 17-5-1995. "
(3.) IN view of the order of the court dated 3rd May, 1995, a supple mentary affidavit has been filed by the petitioner and a certified copy of the proceedings which culminated into the temporary appointment of the petitioner is appended as Annexure "s. A.-3" thereto. From the pleading contained in the petition and the supple mentary affidavit and from the facts mentioned in the certified copy of the proceedings relating to appointment of the petitioner as temporary collection peon, the following undisputed sequence of events emerge :;