Court No. - 18 Case :- WRIT - A No. - 22795 of 1992 Petitioner :- Ravindra Kumar Dwivedi & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- H.S.N. Tripathi Respondent Counsel :- S.C. Hon'ble Arun Tandon,J.
Nobody is present even in the revised list.
Petitioner before this Court seeks a writ of mandamus commanding the
respondents to ensure payment of salary to the petitioner as Assistant
Teachers. The averment made in the qua the procedure adopted for appointing
are too vague to be accepted by this Court. The appointment claimed by the
petitioner could not be demonstrated to be as per the Full Bench judgement of
this Court in the case of Radha Raizada and others Vs. Committee of
Management, Vidyawati Darbari Girls Inter College and others 1994 All.
L.J. 1077. In so far as it pertains to ad hoc appointment against substantive
vacancies. The details of the newspaper where the vacancy is said to have
been published, has also not been furnished.
In paragraph 2 of the petition, it is stated that an advertisement was made
under the signature of the Manager of the College and a copy is enclosed as
Annexure no. 1. The document is only a recommendation of the Selection
Committee which refers to a notice published. It is therefore clear that
averment qua advertisement of the vacancy in the newspaper is not correct.
Counter affidavit has been filed on behalf of the respondents. It is stated that
there was no vacancy on the post of teacher in the institution nor the
vacancies were notified to the Commission.
In view of the aforesaid, this Court finds no good ground to issue a writ of
mandamus as prayed.
Writ petition stands dismissed.
Order Date :- 21.7.2010
Puspendra