RADHEY SHYAM SHUKLA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2007-9-199
HIGH COURT OF ALLAHABAD
Decided on September 07,2007

RADHEY SHYAM SHUKLA Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

RAJIV SHARMA, J. - (1.) IN the instant writ petition, the writ petitioner has assailed the order of termination dated 18.5.1995 (Annexure No. 11) issued by the Up-Zila Adhikari, Sadar, Sultanpur from the post of Lekhpal, Tehsil Sadar, District Sultanpur in exercise of powers conferred under the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (hereinafter referred to as the 'Rules' for the sake of brevity) and is claiming for continuity in service uninterruptedly with full salary and allowances including seniority as if the services of the petitioner have not been terminated in pursuance of the impugned termination order dated 18.5.1995.
(2.) THE factual matrix of the petitioner's case is as under: An advertisement dated 15.5.1989 was published inviting, applications eligible candidates for admission to the Lekhpal Training School, Sultanpur by the District Magistrate, Sultanpur. Pursuant to the said advertisement dated 15.5.1989, the petitioner applied for the post and he was called for the written test, interview and physical test and ultimately, the petitioner was selected and his name figured at SI. No. 63 in the merit list. On the basis of merit, vide letter dated 19.8.1989, the petitioner was called for Lekhpal Training for one year commencing from 28.8.1989. The Commissioner, Faizabad Division vide his order dated 21st December, 1991 declared the merit list and allocated District Sultanpur to the successful candidates, who have completed training. The name of the petitioner was at Serial No. 32 in the said list. The District Magistrate, Sultanpur on the basis of said merit list allocated Tehsils to these 114 successful Trained Lekhpal. The petitioner was allocated Tehsil Sadar, District Sultanpur. The Sub-Divisional Magistrate, Sadar, Sultanpur issued appointment letter dated 26th May, 1992 in pursuant thereof the petitioner resumed duties on 28th May, 1992. Pursuant to the Government Order dated 23rd May, 1995 Lekhpal areas were reorganized and it was provided that the services of no Trained Lekhpal shall be terminated on account of the re-organization of the Lekhpal Areas. However, subsequently the reorganization Government Order dated 20th March, 1995 was recalled by the State Government vide G.O. dated 14th August, 1995.
(3.) PETITIONER while was discharging his duties as Lekhpal, his services were terminated by the order dated 18th May, 1995 in accordance with the provisions of U.P. Temporary Government Servants (Termination of Service) Rules, 1975 and the said order of termination has been assailed by the petitioner in the instant writ petition. This Court by an order dated 12th July, 1995 directed the respondents to place on record the reasons for termination of service. In compliance thereof, the respondents filed a counter-affidavit indicating the charges levelled against the petitioner.;


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