- (1.) THE petitioner really prays to quash an intimation vide letter P. I. R.-2/p. R. O.-433/91-92, dated July 15, 1991 of the Commissioner-cum-Administrator, Ram Ganga Command Project, 3a/101, Azad Nagar, Kanpur-2 (Respon dent No. 2) intimating him that according to G. O. No. 15m/54-1-1-9/154/86, dated 11-7-1991, copy attached, he is being informed that his services have been terminated with effect from 28-2-1981. For the reasons be known to the petitioner he has not ap pended the G. O. aforementioned.
(2.) THE petitioner has come up with a case that his appointment cannot be ter minated retrospectively and thus is wholly inconceived and liable to be quashed ; that his request for regularisation has been duly forwarded by Respondent No. 2 and thus he be allowed to continue against the post in question till regularisation takes place; that the impugned order has been passed mala fide due to political pressure by the respon dents. THE petitioner has come up with a further case that since he has completed more than 9 months service it will not be proper to terminate this services. Annexure-1, the earliest office order, contains a copy of the order by which in compliance of the earlier G. Os. dated 9-8-90 and 20-9-90 the petitioner was ap pointed as a Public Relation Officer till a regular appointment takes place or till 28-2-1991, whoever is earlier, on a fixed salary of Rs. 2000 per month. According to the learned counsel for the petitioner no one has been appointed permanently against the aforementioned post. In the counter affidavit, which has been sworn by Deputy Director of Horticulture attached in the office of respondent No. 2, it has been stated, inter alia that one Kaushal Hari Narain was working as Public Regulation Officer whose services were ter minated who, however, thereafter filed a claim petition before the U. P. Public Ser vices Tribunal III during the pendency of which the petitioner was appointed on purely temporary basis on the terms and conditions aforementioned; that the claim petition of Kaushal Hari Narain was al lowed by the U. P. Public Services Tribunal vide its order dated 17- 10-1990 which was affirmed up to the Hon'ble Supreme Court; that the petitioner has obtained an ex pane order of stay from this Court to the effect that he may continue against the post in question till a regularly selected candidates joins which has come to an end automat ically in view of the aforementioned facts; and that the recommendation made in favour of the petitioner has been disallowed by the Government.
(3.) IN the rejoinder affidavit, which has been filed today after serving its copy on the learned standing counsel also today, it has been stated, inter alia, that after the removal termination of Kaushal Hari Narain till today no one has been appointed regularly; that after his reinstatement Kaushal Hari Narain was transferred by the State Govern ment to Sharda Sahayak Command in Sep tember, 1995; that thereafter the petitioner filed a representation on 27-3-1996 the fate of which has not yet been communicated to the petitioner who is still discharging his duties and accordingly the writ petition is liable to be allowed and interim order con firmed. Sri Swapnil Kumar, learned counsel appearing in support of the petition, con tended that the petitioner is still discharging his duties as a Public Relation Officer and no one having been appointed, it is a fit case in which this Court should pass a direction commanding the Respondent No. 1, the State Government, to consider his claim for permanent appointment.;