( 1 ) THE present Special Appeal has been filed by Yogendra Ram Chaurasiya against the judgment and order dated 5. 5. 1997 passed by the learned Single judge, where the learned Single Judge has dismissed the writ petition of the appellant on the ground that the appellant-writ petitioner was purely a temporary employee and even for the short period he was under employment there was several complaint against him as is evident from the perusal of annexures CA 1 to CA 7 to the counter affidavit.

( 2 ) BRIEFLY stated facts giving rise to the present case are that the father of the appellant- writ petitioner late Telhu baryee was working as a Lasker of 92 u. P. Battalion, N. C. C. at Ghazipur. He died while he was in service. The appellant writ petitioner being his son was given appointment on compassionate ground. The appellant was given appointment on 30. 4. 1994. It was mentioned in the appointment order that his appointment would be temporary subject to the termination under U. P. Temporary Government Servants (Termination of Service) Rules 1976. The appellant- writ petitioner accepted the said appointment and consequently he was posted as a Lasker of 92 UP battalio