A.N. Varma, J. - (1.) The petition is directed against the order dated 30-3-1979 passed by the U.P. Public Service Tribunal dismissing the claim petition filed by the petitioner against the order dated 13-12-1973 passed by the Additional Director of Industries, U.P. terminating his services.
(2.) These are the essential facts. The petitioner was at the relevant time temporary Asstt. Manager, Industrial Estate. By the impugned notice dated 13-12-1973, the Additional Director Industries, U.P. terminated the services of the petitioner stating that the services of the petitioner were no longer required and that he was being given one month's pay in lieu of the notice. Aggrieved by this notice, the petitioner filed a writ petition in this Court which was dismissed on 8-8-1975. Thereafter, he unsuccessfully challenged that order by way of a special appeal which stood abated as a result of the 42nd amendment of the Constitution. After the abatement of the appeal, the petitioner filed a claim petition before the aforesaid Tribunal. In the claim petition the impugned notice was challenged on two grounds First, that the order purporting to terminate the petitioners service though innocuous on its fact was in truth and substance punitive in character attracting the application of Article 311 of the Constitution and as no notice was admittedly given under that provision, the order of termination must be held to be void ; Secondly, he was discriminated against inasmuch as there were two Assistant Managers junior to him who have been retained in service.
(3.) Both these pleas have been rejected by the Tribunal. It has held that the impugned order was one of termination simpliciter and not one passed by way of punishment. It negatived the second ground mentioned above stating that the petitioner has failed to establish that Assistant Manager junior to him whose record of service was the same or worse than that of the petitioners have been retained in service.;