Sanjay Kumar And Another vs State Of U.P. Thru ...
2018 Latest Caselaw 3207 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 29800 of 2018
 
Petitioner :- Sanjay Kumar And Another
 
Respondent :- State Of U.P. Thru Secy.Divyangjan Shashaktikaran Vibhag&Ors
 
Counsel for Petitioner :- Kuldeep Singh Kalhans,Kaushala Dhish Tiwari,V.D. Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri V.D.Shukla, learned counsel for the petitioners.

Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.

The petitioners were appointed on the post of Special Educator on contractual basis by means of appointment letter dated 03.03.2018 for visually impired students for fixed term upto 31.03.2019 on the fixed pay of Rs.13,500/- plus dearness allowance.

As per clause-6 of the aforesaid appointment letter, it has been categorically provided that the petitioners services would be terminated at any time by giving one month prior notice or pay of one month salary before 31.03.2019.

Learned counsel for the petitioner has submitted that by means of order dated 22.09.2018, the services of the petitioners have been terminated without giving one month prior notices as stipulated under clause-6 of the appointment letter, therefore, the aforesaid termination order would be violative of clause-6 of the appointment letter.

Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List immediately after expiry of the aforesaid period.

Till the next date of listing, the operation and implementation of the impugned order dated 22.09.2018 shall remain stayed. However, the authorities would be at liberty to pass any appropriate fresh order, strictly in accordance with law, if so advise.

Order Date :- 11.10.2018

Suresh/

[Rajesh Singh Chauhan,J.]