Court No. - 29 Civil Misc. (Review) Application No.101347 of 2009 IN Case :- WRIT - A No. - 10711 of 1992 Petitioner :- Ashok Kumar Singh Respondent :- D.I.O.S. & Others Petitioner Counsel :- G.P. Tripathi,A.B. Berman,Aparana Burman Respondent Counsel :- S.C. Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the petitioner at length on the review petition.
The main argument of learned counsel for the petitioner is that as the
appointment of the petitioner was made before delivery of judgment in K.N.
Dwivedi Vs. D.I.O.S., 1994 (1) UPLBEC 461 and Radha Raizada Vs.
Committee of Management, 1994(3) UPLBEC 1551, hence his appointment
cannot be set aside on the ground of non-observance of procedure like
advertisement in Newspaper etc. However the authority of K.N. Dwivedi
deals with appointment against short-term vacancies under II Removal of
Difficulties Order. In the instant writ petition, the case set up by the petitioner
was that he was appointed on ad hoc basis against a substantive vacancy. In
the entire writ petition, the word short-term vacancy has not been used.
Copies of some judgments have been annexed along with the review petition,
however in my opinion they are not applicable. One more judgment dated
26.11.2009 in W.P. No.404 of 1989, Kamlesh Singh Vs. D.I.O.S. has also
been cited. Certified copy has been placed on record. However, in my opinion
the said judgment has also got no relevance.
Accordingly, I do not see any reason to review my judgment and order dated
09.07.2009. Review petition is therefore dismissed.
Order Date :- 25.1.2010
NLY