( 1 ) THE State of Uttar Pradesh through the Secretary Home Department and the Commandant, 34 battalion, P. A. C. Varanasi, had filed the present writ petition under Article 226 of the constitution challenging the order of U. P. Public Services Tribunal dated 18. 1. 1993 by which the Claim Petition of ihe respondent No. 1 Chandra Prakash Shahi, has been allowed and the order of termination dated 19. 7. 1989 has been quashed.

( 2 ) ASSAILING the Impugned order, the petitioners have alleged that the work and conduct of respondent No. 1 was not found satisfactory and as such, his services were terminated by order dated 19. 7. 1989 under the U. P. Temporary Government Servant (Termination of Service) Rules. 1975. The opposite party No. 1 was recruited as a temporary recruit Constable on 1. 10. 1985 at 34 Battalion P. A. C. . Varanasi and after the respondent No. 1 completed training on 6. 9. 1986 he was placed as temporary Constable. The petitioners have alleged that the opposite party No. 1 at no point of time was confirmed or given permanent appointment. It has also been alleged that the u. P. Public Services Tribunal committed manifest error of law in holding that th