Allahabad High Court
Dr. Santosh Kumar Mishra vs State Of U.P. And Others on 3 August, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 18 Case :- WRIT - A No. - 45067 of 2010 Petitioner :- Dr. Santosh Kumar Mishra Respondent :- State Of U.P. And Others Petitioner Counsel :- S. M. Yadav Respondent Counsel :- C. S. C.,J. N. Mourya Hon'ble Arun Tandon,J.
Learned Standing Counsel represents respondent nos. 1 and 3. Sri J.N. Maurya, Advocate has accepted notice on behalf of respodnent no.2. Sri H.N. Singh, Advocate has accepted notice on behalf of respondent no.6.
Issue notice to respondent nos. 4 and 5 fixing 9th September, 2010 as the date.
Petitioner to take steps within a week.
All the respondents may file counter affidavit by the next date fixed.
List on the date fixed.
On behalf of the petitioner it is contended that respodnent no.6 was appointed as part time Lecturer (Geography) in the year 1992 in K.B. Post Graduate College, Mirzapur. It appears that services of respondent no.6 were put to an end on 20th April, 1992. Against the said order, he filed writ petition no. 8423 of 1993 and thereafter filed another writ petition no. 19600 of 1993. In the said writ petition, respondent no.6 was granted an interim order on 27th May, 1993, where-under he continued in employment. Writ Petition No. 19600 of 1993 was dismissed in default on 29th October, 2001 while writ petition no. 8423 of 1993 was dismissed on 7th January, 2002. The salary of rspondent no.6 was therefore, stopped from the said date. He however, applied in pursuance to the advertisement published for the post of Principal in Janta Intermediate College, Chunar, Mirzapur. He has been empanelled for appointment against the vacancy in question by the U.P. Secondary Education Services Selection Board.
Learned counsel for the petitioner contends that once the writ petition filed by respondent no.6 has been dismissed, it is to be presumed that he was not granted any interim order at any point of time in the eyes of law and continuance of respondent no.6 as part time Lecturer (Geography) was non est. Experience gained by respondent no.6 on the strength of such appointment is of no legal consequence.
It is pointed out that restoration applications filed by respondent no.6 in the aforesaid two writ petitions have also been rejected.
Matter does enquiry by this Court.
Till the next date of listing, no further action shall be taken in terms of the order dated 14th May, 2010 passed by Finance and Audit Officer (Higher Secondary), U.P. at Allahabad.
(Arun Tandon, J.) Order Date :- 3.8.2010 Sushil/-