Honble Tarun Agarwala, J.—An advertisement was issued in the year 2004 inviting applications for appointment on the post of Constable. The petitioner applied and was selected and thereafter was sent for training. Upon completion of his training, the petitioner was posted as a Constable in the 4th Battalion P.A.C. at Allahabad and rendered two years of service. It transpires that the respondents took a decision to re-examine all the records, on the basis of which, the petitioner was medically re-examined in which it was found that he was colour blind and was unable to distinguish between red and green colour. On the basis of this medical report, the authorities passed the impugned order dated 27.7.2007 dispensing his services by invoking the provisions of U.P. Temporary Government Servant (Termination of Service) Rules, 1975. The petitioner, being aggrieved by the said order, has filed the present writ petition.

2. Heard Sri C.B.Yadav, the learned counsel for the petitioner, Sri Ghanshyam Dwivedi and Sri Piyush Shukla, the learned Standing Counsels for the respondents.

3. The learned counsel for the petitioner submitted that at the time of his recruitment after selection, th