Hon’ble Vivek Kumar Birla, J.—The present petition has been filed challenging the order dated 7.3.2006 passed by the Director, E.S.I. Yojana Labour Medical Services, U.P., Kanpur, respondent No. 2 whereby appointment of the petitioner was set aside. Further direction for lodging first information report against the petitioner was also given by means of the aforesaid order dated 7.3.2006.

2. I have heard learned counsel for the petitioner and learned Standing Counsel for all the respondents.

3. The counter-affidavit and rejoinder-affidavit have been exchanged in the present petition and the same is being disposed of with the consent of the parties in accordance with rules of the Court.

4. As per the allegations made in the present petition, the petitioner was appointed vide order dated 25.10.1989 on the post of Class-IV employee (Ward Boy) by the Assistant Director, ESI Yojana, Gaziabad. It was clearly mentioned in the aforesaid alleged appointment (which was ultimately found forged by the respondent No. 2 as mentioned in the impugned order) that the petitioner will have to submit his joining report within 15 days of the order otherwise the appointment so made on temporary basis will automatically stands cancelled.

5. As per Annexure-2 to the petition, the petitioner allegedly submitted his joining report on 28.10.1989 and on the same day the petitioner applied for the leave for one day. This leave application dated 28.10.1989 is Annexure-3 to the petition. Subsequently, allegedly petitioner sent one application dated 3.11.1989 address to the In-charge Medical Officer, E.S.I. Dispensary Mohan Nagar, Ghaziabad that due to injuries in the eyes of his brother and illness of his father, leave be permitted from 1.11.1989 and he will rejoin after the treatment of his brother. A perusal of Annexure-5 to the petition shows that petitioner moved an application on 15.3.1990 before Director, E.S.I. Yojna, Kanpur that since he is residing at Kanpur his parents are also living at Kanpur, therefore he may be transferred to Kanpur. Annexure-6 to the petition is a letter dated 21.3.1990 address to the Assistant Director, E.S.I Yojna, Ghaziabad that the permission of transfer of the petitioner from Ghaziabad to Kanpur is granted. Allegedly, again vide application dated 1.5.1990, the petitioner prays for joining the duty at Ghaziabad. A certificate issued by the In-charge Medical Officer, E.S.I. Dispensary Mohan Nagar, Ghaziabad that the petitioner was present for working from 1.5.1990 to 30.5.1990 at E.S.I. Dispensary Mohan Nagar, Ghaziabad is annexure-8 to the petition. On 4.6.1990 allegedly the petitioner moved an application before the Assistant Director, E.S.I. Yojna, Kanpur that from 28.10.1989 he was working as Ward Boy in E.S.I. Dispensary, Ghaziabad and in pursuance to the letter dated 31.3.1990 issued by Director he has been relived on 30.5.1990 to join at E.S.I. Dispensary at Kanpur and he should be permitted to join. This alleged joining report dated 4.6.1990, which carries endorsement of the Assistant Director on the same date i.e. 4.6.1990 that he was posted under approval of Director E.S.I. Kanpur, is on record as Annexure-9 to the petition. The alleged joining report of the petitioner on 4.6.1990, is on record as Annexure-10 to the petition. Subsequently, the petitioner joined at E.S.I., Dispensary Kidwai Nagar, Kanpur on 13.7.1993 in pursuance to the order dated 30.6.1993. This document is annexed as Annexure-11 to the petition.

6. The application with necessary documents were called for from the eligible candidate by the Director, E.S.I. Yojna vide letter dated 3.4.1999, in pursuance thereto the petitioner applied for promotion and was granted promotion to Class III post vide order dated 18.4.2001. As such the petitioner was promoted from Class-IV employee to Junior Clerk and he joined on 18.4.2001. Extracts of service book have also been annexed by the petitioner to demonstrate his working under E.S.I. Yojana. The endo