Allahabad High Court High Court

Smt. Vijay Singh vs State Of U.P. And Others on 28 January, 2010

Allahabad High Court
Smt. Vijay Singh vs State Of U.P. And Others on 28 January, 2010
                                                                  CJ's Court

                       Special Appeal No. 94 of 2010

                             Smt. Vijay Singh
                                     Vs.
                            State of U.P. & Ors.

Hon'ble C.K. Prasad, C.J.
Hon'ble Arun Tandon, J.

Writ petitioner – appellant, aggrieved by order dated 05.01.2010

passed by a learned Single Judge in Civil Misc. Writ Petition No. 70801 of

2009, has preferred this appeal under Rule 5 Chapter VIII of the Allahabad

High Court Rules, 1952.

Short facts giving rise to the present appeal are that an Urban

Community Development Scheme was launched by the State of U.P. with

the financial aid of the UNICEF. Writ petitioner – appellant (hereinafter

referred to as the ‘petitioner’) was initially appointed for a fixed period of

three months as a Community Organiser. All the Community Organisers

appointed under the said Scheme were permitted to work till 28.02.1983 by

the State Government vide order dated 16.04.1982. Despite that, it seems,

the petitioner was allowed to continue in employment. Petitioner earlier

filed Writ Petition 53810 of 2009 (Smt. Vijay Singh Vs. State of U.P. &

Ors.) raising a grievance in regard to stoppage of her salary. This Court, by

order dated 27.10.2009, disposed of the said writ petition with a direction

to the authority concerned to decide the representation of the petitioner by a

speaking order within the time stipulated. In light of the aforesaid order, the

representation of the petitioner claiming payment of salary and

regularisation of her service was considered and by order dated 14.12.2009,

the claim for payment of salary was accepted and direction for payment
2

was issued, as noted in the order itself, but the claim for regularisation of

her service was rejected.

Petitioner filed the writ petition challenging the aforesaid order,

which has been dismissed by the impugned order.

We have heard Mr. Bhupendra Nath Singh, counsel for the petitioner,

for long length.

Mr. Singh advanced various submissions and cited a large number of

authorities.

As this appeal has to fail on a single point, we do not consider it

expedient either to incorporate or refer to those submissions and authorities

relied by Mr. Singh. It is trite that existence of a valid and sanctioned post

is sine qua non for regularisation of service of an employee. Nothing has

been brought on record, except various correspondences, to show that any

post of Community Organiser was sanctioned by the Competent Authority.

Once it is held so, the prayer made by the petitioner is not fit to be granted

and the learned Single Judge has rightly dismissed the writ petition.

We do not find any merit in the appeal and it is dismissed

accordingly.

28.01.2010
AHA
(C.K. Prasad, C.J.)

(Arun Tandon, J.)