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Balwan Singh vs State Of U P And Others

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 58
Case :- WRIT - A No. - 2683 of 2019 Petitioner :- Balwan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dileep Kumar Mishra,Pradeep Kumar Mishra,Ravi Shanker Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the District Inspector of Schools, Banda dated 9.6.2008, whereby petitioner's claim for continuance on Class-IV post has been rejected. This order has been passed in purported compliance of directions issued by this Court in Writ Petition No. 21785 of 2008 filed by the petitioner.
Shorn of necessary details, the facts relevant for present purposes are that a Government Order was issued on 23.6.2006, creating 11 temporary Class-IV posts in the 'Rajkiya Balika Uchchattar Madhyamik Vidyalaya,Korhi, District Banda'. Petitioner claims to have been appointed against these vacancies on temporary basis vide order dated 20.4.2007. The records do not reveal that any procedure as would be warranted before offering public employment had been followed inasmuch as neither any advertisement was issued nor any selection committee etc. was constituted. It appears that on the instructions of the Joint Director of Education, the order of appointment was offered. Subsequently, the Joint Director of Education cancelled his order and this Court directed the matter to be examined in terms of the last order passed by the Joint Director of Education.
The District Inspector of Schools has recorded that the post itself was created for a fix period which had expired and that neither any procedure was followed for such appointment and the appointment is not liable to be continued.
Although learned counsel for the petitioner has made attempt to challenge the order impugned but the facts recorded in the order are not shown to be perverse or erroneous. No advertisement was issued. The appointment of the petitioner, otherwise was purely on temporary basis and the term for which the post itself was created came to an end. In such circumstances, no interference with the order of Inspector is called for.
Writ petition fails and is accordingly dismissed.
Order Date :- 21.2.2019 n.u.
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Balwan Singh vs State Of U P And Others


High Court Of Judicature at Allahabad

21 February, 2019
  • Ashwani Kumar
  • Dileep Kumar Mishra Pradeep Kumar Mishra Ravi Shanker Upadhyay