SHANKER LAL Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1998-3-163
HIGH COURT OF ALLAHABAD
Decided on March 23,1998

SHANKER LAL Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Aloke Chakrabarti, J. - (1.) THIS writ petition was filed challenging the order dated 30.8.1994 at Annexure -5 to the writ petition whereby the service of the petitioner, a temporary employee, has been terminated bringing in one Sri Govind Lal in place of the petitioner on the ground that the said Sri Govind Lal has already discharged six years satisfactory service. But, it is apparent that the said Sri Govind Lal was appointed on temporary basis. The contention of the petitioner is that in such circumstances the impugned order is illegal as the said Sri Govind Lal was already in service on temporary basis and there was no justification for terminating the service of the petitioner for bringing the said other person in. The respondents in the counter -affidavit though denied the claim of the petitioner but in paragraph 6 thereof it has been contended that the petitioner's services were not needed and so the appointment of the petitioner was cancelled and Sri Govind Lal was appointed. Therefore, the said stand of the respondents appears to be self contradictory. When the respondents contended that petitioners service was no more needed there was no justification for appointing another person more so when the said other person was already a temporary employee of the Department.
(2.) IN view of the aforesaid, the impugned order dated 30.8.1994 at Annexure -5 to the writ petition is hereby quashed. The writ petition is allowed. There will be no order as to costs.;


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