ZAINUL ABDIN Vs. STATE OF U P

JUDGEMENT

(1.) Facts giving rise to this writ petition are that petitioner Zainul Abdin was serving as confirmed Driver in Uttar Pradesh Government Roadways at Jaunpur Depot. While petitioner was driving passenger bus No. U P.C 7394 on 18th May, 1962 at about 11.00 A.M. it met with an accident with bullock cart In village Chandpur, P S Rohania in district Varanasi causing death of bullock and a person. For causing this accident petitioner was challaned under Sections 279, 429, 304-A I.P.C. and was prosecuted. The Trial Magistrate convicted and sentenced petitioner for six months R.I. which was maintained in appeal and also in revision by this Court. Petitioner was sent to serve out sentence and after serving sentence, petitioner was released from jail on 1st September, 1964. It was the case of petitioner that he submitted joining report on 2nd September, 1964 but he was not permitted to join and ultimately he filed original Suit No. 201 of 1969 in the court of City Munsif, Jaunpur claiming relief of declaration that he was still continuing in service and is entitled to get all benefits of salary and allowances etc. A mandatory injunction was also claimed to hand over charge of the post treating him in service This suit was contested by defendants on various pleas including that conviction being upheld up to the High Court. The plaintiff was ordered to be terminated from service on 18th April, 1964 and petitioner is not entitled for any relief; that the suit is time barred and it is bad for non-joinder of U.P. State Road Transport Corporation.

(2.) The suit of petitioner was dismissed by learned Munsif, Jaunpur by judgment and decree dated 4-2-1975. The findings recorded in the suit were that the petitioner was terminated from service on 18th March, 1964, the order of termination was legal and valid and did not suffer from legal or constitutional infirmity. The suit filed was held to be within time. It was further held that as U.P. State Road Transport Corporation, here-in-after referred to as 'Corporation', had taken over from U.P. State Government Roadways and thus became employer of the plaintiff ; in absence of Corporotion he is not entitled for any relief. Against the decree of the trial court, plaintiff filed Civil Appeal No 35 of 1975 which was pending. In the mean time U. P. Public Services Tribunal, here-in-after referred to as 'Tribunal', was constituted by the State of Utter Pradesh and the appeal filed by petitioner was referred to the Tribunal for hearing, The Tribunal by order dated 26th December, 1978 dismissed the reference of petitioner, aggrieved by which he has approached this Court under Article 226 of the Constitution.

(3.) I have heard Sti S.C. Budhwar, learned counsel appearing for petitioner and learned standing counsel for the State of Uttar Pradesh and Sri Samir Sharma for Corporation.