Court No. - 26 Case :- WRIT - A No. - 1191 of 2010 Petitioner :- Suresh Chandra Gupt Respondent :- State Of U.P. & Others Petitioner Counsel :- Gyanendra Srivastava Respondent Counsel :- C.S.C.,Mahesh Narain Singh,P.K. Bharwaj Hon'ble Shishir Kumar,J.
Heard learned counsel for petitioner and Sri P.K.Bharadwaj, learned counsel
for respondent No.7 and learned Standing Counsel.
Petitioner is aggrieved by the order dated 11.8.2009 by which appointment of
petitioner for the post of Shiksha Mitra has been terminated on the ground that
it was investigated that petitioner was absent from the post for about ten
months and petitioner is doing B.Ed from another place without permission of
competent authority. A finding to this effect has also been recorded that
appointment on the post of Shiksha Mitra is a contractual appointment. It is
not a vested right to continue on the said post, in case, it is found that a person
is absent from the post for a considerable period of time.
The contention of petitioner is that the order impugned has been passed by an
authority who was not competent to pass the said order as well as no
opportunity and notice has been given to petitioner. Admittedly, it is a
contractual appointment under the Government Order. No statutory rules are
applicable or framed, therefore, petitioner cannot say that he is having
fundamental right to continue on the said post in spite of the fact that he is
absent from the post for a period of ten months. There is no denial that
petitioner is not doing B.Ed in spite of the fact that he is drawing the salary
for the post of Shiksha Mitra.
In view of aforesaid fact, I find no merit in the writ petition.
The writ petition is devoid of merits and is hereby dismissed, however,
without imposing any cost.
Order Date :- 12.1.2010
SKD