Court No. - 18 Case :- WRIT - A No. - 12667 of 1992 Petitioner :- S.N. Singh Respondent :- D.I.O.S. Maharjganj And Others Petitioner Counsel :- Ashok Khare Respondent Counsel :- S.C. Hon'ble Sudhir Agarwal,J.
List has been revised. None appear for the petitioner,
however, I have perused the record.
The petitioner has sought a writ of mandamus commanding
the respondents not to interfere in his functioning as
Assistant Teacher and to pay him salary.
From perusal of record I find that the appointment of the
petitioner has not been made in accordance with the
procedure prescribed under the Uttar Pradesh Secondary
Education Service Commission (Removal of Difficulties)
Order, 1981. The Apex Court in Prabhat Kumar Sharma
and others Vs. State of U.P. & others AIR 1996 SC 2638
held that if the procedure prescribed is not followed, it would
not result either in conferring any right upon the incumbent
to hold the post or to continue in service.
I, therefore, find no merit in the writ petition. Dismissed.
Interim order, if any, stands vacated.
Order Date :- 8.1.2010
KA