A Special Leave Petitioner challenging the termination of Lephal services was granted relief only for the third petitioner. The bench quashed the termination order and ordered payment of dues.
Impugned order quashed; petitioner to be paid arrears of post-retiral dues and full pension within six weeks.
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Reserved on 15.3.2018 Delivered on 21.3.2018
Case :- WRIT - A No. - 9442 of 1981
Petitioner :- Ram Kumar Singh And Others Respondent :- The State Of U.P. And Others Counsel for Petitioner :- Satya Dev Singh,K.K. Chaurasia Counsel for Respondent :- C.S.C.
Hon'ble Siddharth,J.
Heard Sri B.C. Singh, and Shri K.K. Chaurasia, learned Counsel for the petitioner and learned Standing Counsel.
The petitioners were initially appointed as Lekhpal in clear vacancy and permanent posts in District Varanasi between the years, 1977 to 1979 on temporary basis. By the order dated 29.05.1981, their services were terminated on the ground that they are untrained Lekhpals and trained Lekhpals have joined the services, therefore, the untrained Lekhpals are no more required in the service.
The petitioners initially approached the Lucknow Bench of this Court and since the writ petition was wrongly filed there, it was transferred this Court and by the order dated 21.07.1981, the operation of the impugned termination order, terminating their services was stayed.
Despite, the order dated 26.05.2016, no Counter Affidavit has been filed by the respondents. This writ
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petition was dismissed for want of prosecution, number of times and the annexures of the writ petition has been weeded out.
Sri Krishna Kumar Chaurasiya, Advocate has got this writ petition restored only on behalf of petitioner no.3 and has brought on record, the impugned order dated 01.06.1981, passed by Tehsildar Chakia as Annexure No. S.A.3, he has also brought on record, the copy of the Government Order dated 05.08.1980,whereby additional posts of Lekhpal were created for arranging the land records of the State Government. This Government Order contained the provision that the Lekhpals, who are working prior to the date of issuance of the Government Order (i.e., 08.05.1980) and have worked for more than 3 years shall not be removed from service after joining of the trained Lekhpals.
Perusal of the averments of the writ petition shows that the petitioner no.3 was appointed on 05th February, 1977 and therefore on 08.05.1980 he has completed 3 years of service and was entitled to protection given in the Government Order dated 08.05.1980. Further being temporary appointment it was terminated without following Rule-3 of the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975, which provides that the services of temporary government servant is liable to termination any time by notice in writing by the government servants to the appointing authority or by the appointing authority to the
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government servants. The period of notice shall be one month.
The leaned Counsel for the petitioner no.3 has filed Supplementary Affidavit stating that he has worked on the basis of interim order and retired on 31.07.2004 and he is getting only provisional pension on account of pendency of this writ petition.
In view of the facts that the services of the petitioner no.3 was terminated against the Government Order dated 8th May, 1980 and also without complying the provisions of Rule-3 of the Uttar Pradesh Temporary Government Servants ( Termination of Service) Rules, 1975 and also that he has worked and retired from service on 31.07.2004, the impugned order dated 01.06.1981 passed by the Tehsildar, Chakia, passed on the basis of order dated 29.05.1981 of the Sub Divisional Officer, Chakia, respondent no.3, is hereby quashed. The petitioner no.3 shall be paid arrears of his post retiral dues and full pension by the respondents within a period of 6 weeks from the date of presentation of the certified copy of this order before the respondent concerned.
This writ petition is allowed with regard to the prayer of petitioner no.3 only. No order as to costs.
Order Date :- 21.3.2018 Aks
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3 issues framed by the court
Whether the services of the petitioner were illegally terminated in violation of statutory protection for pre-existing temporary servants.
Whether the termination was lawful considering compliance with the Uttar Pradesh Temporary Government Servants Rules, 1975.
Whether the petitioner is entitled to arrears of post-retiral dues and full pension.
2 provisions across 2 enactments
Ram Kumar Singh And Others
The State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
