Radhey Shyam Sharma vs State Of ...
2023 Latest Caselaw 2103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 24723 of 2020
 

 
Petitioner :- Radhey Shyam Sharma
 
Respondent :- State Of U.P.Thru.Prin.Secy.Co-Operative Deptt. And Ors.
 
Counsel for Petitioner :- Manish Mani Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard Mr. Manish Mani Sharma learned counsel for petitioner and learned State Counsel appearing for opposite parties.

Petition has been filed against order dated 20th November, 2020 terminating services of petitioner as a Kurk Amin on the ground of low recovery of arrears of land revenue and treating petitioner to be a temporary employee.

Learned counsel for petitioner has submitted that the order impugned has been passed without any opportunity of hearing and without following the procedure required under the service regulations for holding an inquiry prior to termination of services. Learned counsel has drawn attention to the judgment rendered by Hon'ble Supreme Court in the case of State of U.P. versus Chandra Prakash Pandey reported in (2001) 4 SCC page 78 whereunder persons such as petitioner employed as Kurk Amin on commission basis for recovery of outstanding dues were treated to be government servant holding civil post. As such it is submitted that the petitioner could not have been treated as temporary employee and is completely covered by the aforesaid judgment of Hon'ble Supreme Court due to which the opposite parties were bound to hold departmental proceedings and providing opportunity of hearing to petitioner prior to dispensing with result.

Learned counsel has also relied upon the judgment rendered by division bench of this court in the case of State of U.P. versus Sri Surendra Singh 2013 LCD 2367 in which the State has been restrained from terminating services of Kurk Amin employed for recovery on commission basis only on the ground of low recovery. He has also placed reliance upon the judgment in the case of Padam Singh Sharma vs. State of U.P., 2001 ALJ 2192.

The submissions advanced by learned counsel for petitioner have considerable force.

In view thereof, the impugned order dated 20.11.2020 cannot stand and is set aside.

The writ petition stands allowed.

.

[Vivek Chaudhary,J.]

Order Date :- 19.1.2023

Sachin