Abdul Moin, J. - (1.) Heard learned counsel for the petitioner and Sri Vishal Verma, learned counsel appearing for the State-respondents.
(2.) By means of the present writ petition, the petitioner has prayed for the following reliefs:- (i) To issue a writ, order or direction in the nature of mandamus/certiorari striking down/quashing both the termination orders dated 10.07.1989 and 19.07.1989 and commanding petitioner's reinstatement with all back benefits. (ii) To issue a writ, order or direction in the nature of mandamus striking down and setting aside the selection, if any, scheduled for 10.08.1989 for filling up the petitioner's vacated post of Driver. (iii) To allow the instant petition with costs and such favourable orders as may deem expedient in the interest of justice.
(3.) The case set forth by the petitioner is that he is continuously working as Driver after his appointment since 02.02.1982 driving the jeep of the Joint Director, Urban Land Ceiling, Agra, U.P. A seniority list was issued by the respondents, a copy of which is Annexure No.1 to the writ petition, in which the name of the petitioner finds place at serial no.9. The petitioner continued to work and discharge the duties of the post of Driver when respondent no.2 allegedly became prejudiced against the petitioner and started harassing him. Upon his harassment, the petitioner submitted a complaint dated 03.06.1989 to the employees' union indicating harassment meted out to him. The union referred the matter to another union namely U.P. Nagar Bhumi Seemaropan Chaturth Shreni Rajya Karmchari Sangh, Agra Shakha, which, as per the petitioner, was already having various complaints against respondent no.2 and consequently the matter was taken up with respondent no.2. Taking umbrage of such complaint submitted by the petitioner, it is contended that respondent no.2 became more prejudiced and show cause notices etc. were issued to the petitioner details of which have been indicated in the petition. It is alleged by the petitioner that all the harassment of the petitioner subsequently resulted in a termination order being issued to him dated 10.07.1989, a copy of which is Annexure-11 to the petition. Based on the said order dated 10.07.1989, a notice dated 19.07.1989, a copy of which is Annexure 15 to the writ petition was issued. A perusal of the order dated 19.07.1989 indicates that the said order has been issued under the provisions of the U.P. Temporary Government Servants (Termination of Service) Rules, 1975 (for short, '1975 Rules') by giving notice that the services of the petitioner shall stand dispensed with immediately on receipt of the said notice being issued in pursuance to the office order dated 10.07.1989 and for the balance period of one month, the pay would be paid to him.;