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2009 Supreme(All) 2948

SUDHIR AGARWAL
PRAVEEN TYAGI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vijay Gautam for the Petitioner; Y.K. Yadav and S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. Since pleadings are complete, as requested and agreed by learned counsel for the parties, this matter has been heard and is being decided under the Rules of the Court at this stage.

3. The order impugned in this writ petition is that of termination of petitioner in exercise of power under U.P. Temporary Government Servants (Termination of Services) Rules, 1975 (hereinafter referred to as the “1975 Rules”) vide order dated 25.7.2007 passed by the Commandant 41st Bn. P.A.C., Ghaziabad on the ground that the petitioner’s services are no longer required.

4. The facts, in brief, stated in the writ petition are that the petitioner was selected for the post of Constable against a permanent post through process of selection consisting of written test, physical examination and interview, result whereof was declared in August, 2006. After clearance by the Medical Board, the petitioner was appointed as Constable in P.A.C. and sent on training on 2.9.2006. He completed his initial training of J.T.C. course by 08.10.2006 and thereafter sent for R.T.C

































































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