JUDGMENT

G.N. Ray, J.- Leave granted. This appeal is directed against dismissal of the Writ Petition No. 5803 of 1984 passed on May 9, 1991 made by the appellant before the Allahabad High Court challenging the order of dismissal dated September 11, 1984 passed by the U.P. Public Services Tribunal in Claim No. 3 of 1988/F/IV/81. The aforesaid claim petition was moved by the appellant before the U.P. Public Services Tribunal against the order of termination of service of the appellant dated April 15, 1981. The service of the appellant was sought to be terminated on payment of one months salary in lieu of notice by giving effect to the termination of service from the date of service of the said order of termination. It may be stated here that such notice was served on the appellant on April 1, 1981.

2. The relevant facts concerning the above appeal may be stated as hereunder.-

The appellant was recommended for the post of overseer in the Local Self Government Engineering Department of Uttar Pradesh (hereinafter referred to as LSGED) by a Selection Committee. On such recommendation of the Selection Committee, the appellant was appointed to the post of Overseer by the Chief Engineer, LSGED and the appellant joined his duties as an Overseer on October 8, 1964. The post of Overseer was later on redesignated as Junior Engineer. Accordingly, the appellant was treated as Junior Engineer. The appellants service was made permanent by confirming him to be said post of Junior Engineer w.e.f. April 1, 1974 by an order dated August 31, 1975 passed by the Chief Engineer, LSGED. After the U.P. Jal Nigam was established by the Uttar Pradesh Water Supply Act, 1975, the service of the appellant was transferred from LSGED to Uttar Pradesh Jal Nigam a statutory body with the same terms and conditions under which the appellant was working in the LSGED. It appears that in a Writ Petition No. 103 of 1974 filed by one Shri Satya Virat Singh against State of Uttar Pradesh, the High Court of Allahabad passed an interim order restraining the respondent to confirm Junior Engineers. Despite such order of injunction which was to force, the aforesaid order dated August 31, 1975 was passed by the Additional Chief Engineer, LSGED confirming the appellant to the post of Junior Engineer w.e.f. April 1, 1974. After it was detected that the said order of confirmation was illegal and contrary to the interim order of injunction passed in the said Writ Petition, an order of de-confirmation was issued on February 8, 1978 by which the confirmation of the service of the appellant was recalled and the appellant was treated as holding a temporary post of Junior Engineer. It may be stated in this connection, that such order of rectification of the earlier order of confirmation was not made by informing the appellant and giving him opportunity of being heard. It appears that some orders of transfers were passed against the appellant but the appellant went on long leave on medical ground continued to remain on leave and after medical leave over, he joined his earlier place of posting at Kanpur and put at the place where he was scheduled to join on transfer. Thereafter, the appellant was served with the said order of termination with immediate effect by giving one months salary in lieu of months notice.

3. The appellant challenged such order of termination before the U.P. Public Services Tribunal at Lucknow inter alia contending that he was a permanent employee having rendered total period of service for 16 years in LSGED and in U.P. Jal Nigam. The appellant contended that he was never informed of de-confirmation of his service and order of termination was passed against him mala fide in view of the fact he being the President of U. P. Jal Nigam Employees Union at Kanpur, incurred the displeasure of the higher authorities for raising voice of protest against improper action of U.P Jal Nigam and seeking redressal of the grievances of the employees to the Jal Nigam. The appellant als