Court No. - 34
Case :- WRIT - A No. - 35129 of 2011 Petitioner :- Smt. Chandrawati Respondent :- Union Of India And Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- Vivek Singh,S K Upadhyaya,Sanjay Kumar Upadhyay
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Vinod Kumar, Advocate, for petitioner and Sri S.K. Upadhyay, Advocate, for respondents.
2. This writ petition under Article 226 of Constitution has been filed challenging judgment and order dated 25.03.2011 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as “Tribunal”) dismissing petitioner's Original Application (hereinafter referred to as “OA”) No. 1166 of 2003. The aforesaid OA was decided by another connected OA No. 1168 of 2003 wherein similar questions were involved.
3. Petitioner on temporary basis was employed as Teacher to impart education in Primary Schools run by Railway at Diesel Colony. She was appointed on 01.08.1989. Temporary appointment continued and thereafter for substantive appointment selection was made in which petitioner appeared and failed. Consequently, she was terminated and this was challenged before Tribunal in the aforesaid OA.
3. Tribunal found that a temporary employee has no right to claim permanent appointment unless recruitment is made in accordance with Rules and since petitioner has failed in selection, hence termination of petitioner cannot be said to be bad.
4. Counsel for petitioner could not dispute that for substantive appointment as direct recruit, the procedure prescribed in Rules included a written test in which petitioner has failed. That being so, we find no manifest error or illegality in the judgment of Tribunal warranting interference.
5. The writ petition lacks merits. Dismissed.
Order Date :- 28.11.2019 PS