Court No. - 58
Case :- WRIT - A No. - 23125 of 2018 Petitioner :- Ashok Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari,Arun Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed challenging an order dated 1.2.2018, passed by the Principal of the Industrial Training Institute, Navrangiya, Kushinagar, whereby petitioner has been disengaged w.e.f. 1.2.2018 due to absence of budgetary allocation. It appears that under a P.P.P. Scheme introduced in the organization, the petitioner was engaged on honorarium basis at the rate of Rs.200/- per day. Such engagement was for a period of two months. Petitioner asserts that he continued to work till the order impugned has been passed.
From the nature of petitioner's engagement, it does not follow that he has any right to continue for an indefinite period, inasmuch as his engagement is in a scheme for a fixed period. Such engagement was for a period of two months only. In case the Principal has found it difficult to continue with such engagement on the ground that funds are not available, no exception can be taken to the decision of the Principal in that regard.
It is, however, provided that in case any fresh need arises for engagement of such persons, the authorities shall accord consideration to petitioner's claim as well, in accordance with law.
Subject to the observation made above, this writ petition is consigned to records.
Order Date :- 29.10.2018 Anil