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2004 Supreme(All) 1037

S.RAFAT ALAM
Mahesh Singh – Appellant
Versus
District Magistrate Maharajganj – Respondent


Advocates:
Counsel for the Petitioners: J. N. Tiwari, M. B. Saxena and Ashok Kumar Srivastava.
Counsel for the Respondents: M. S. Pipersenia, R. D. Gupta, R. K. Saxena and S.C.

JUDGMENT

S. Rafat Alam, J.—In the instant writ petition the petitioners have prayed for quashing of the office order dated 6.11.1995 issued by the Sub-Divisional Magistrate/Sub-Divisional Officer, Tehsil Farenda, District Maharajganj whereby their services have been terminated under the provisions of the U. P. Temporary Government Servant (Termination of Service) Rules, 1975 (hereinafter referred to as ‘the Rules’).

2. Heard Shri Mool Bihari Saxena, learned counsel for the petitioner and Shri M. S. Pipersenia, learned standing counsel for the respondents.

3. The petitioners claim to have been appointed substantively as Seasonal Amins w.e.f. 1.1.1976 in the district of Gorakhpur as per procedure prescribed under the law. It has further been stated in the writ petition that the department prepared and submitted the names of Seasonal Amins, according to their seniority, for appointment on regular basis. Since the petitioners were senior most Seasonal Amins, their names were included, as per their seniority, for appointment on regular basis. It further appears that, as per seniority in the selection list, the petitioners were given ad hoc appointment against eight vacant posts of Coll










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