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2019 Supreme(All) 1999

SAURABH LAVANIA
Sushil Kumar Saini – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Vipin Behari Lal Yadav, Atul Singh Parmar, Diwakar Singh, K. Bajpai, R.K. Yadav and Sanjai Kumar Awasthi
For the Respondent: C.S.C. and Gaurav Mehrotra

JUDGMENT :

Saurabh Lavania, J.

1. Heard learned counsel for the petitioner and the learned counsel for the respondent.

2. Under challenge is the order of termination dated 18.3.1993, passed by the opposite party No. 2 (Annexure 2 to the writ petition).

3. Facts, in brief, of the present case are that vide order dated 10.8.1992 (Annexure 1 to the writ petition), the original petitioner Late Sushil Kumar Saini was appointed on the post of Process Server in the pay-scale of Rs. 750-940 under U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (in short "Rules of 1974"). Subsequently, he was appointed on the post of Mali vide order No. 3 dated 12.1.1993 passed by the opposite party No. 2. Thereafter, the service of the original petitioner Late Sushil Kumar Saini was terminated vide order dated 18.3.1993.

4. Aggrieved by the order of termination dated 18.3.1993, Late Sushil Kumar Saini filed the present writ petition.

5. This Court on 31.3.1993 passed the following order:

    "Heard Sri P.N. Bajpai, the learned counsel for the petitioner. Perused the writ petition and annexures thereto.

Notice on behalf of the opposite parties has been taken by the learned Chief Stand

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