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2005 Supreme(All) 2617

AJOY NATH RAY, JAGDISH BHALLA
U. P. State Food and Essential Commodities Corpn. Limited – Appellant
Versus
Raj Narain Tripathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.R. Masoodi, adv

JUDGMENT :

Ajoy Nath Ray, CJ., and Jagdish Bhalla, J.

We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice Rakesh Sharma in his Lordship's order dated 19.5.2005 allowing the Respondent-writ Petitioner's claim.

2. The facts as found by his Lordship are:

(i) The writ Petitioner was appointed in U.P. State Food and Essential Commodities Corporation, Lucknow in a permanent post of a Salesman on 4.10.1975.

(ii) on the basis of the recommendation of a Selection Committee he was promoted as Assistant Commercial Inspector on 6.9.1982

(iii) although he had worked for 13 years continuously in the promotee post a letter of permanent appointment to that permanent post which was in existence was not forthcoming ;

(iv) on 6.5.1995 he was summarily terminated.

3. On these facts a writ court has no alternative but to allow the writ petition in toto. A permanent employee promoted and terminated as if he were a daily wager employed yesterday is impossible to support in law. There was no charge, no inquiry, no show cause notice-nothing at all. He was just asked to go.

4. The Respondents have delayed the filing of this appeal by 30 days but there is a condonation

















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