Court No. - 34
Case :- SPECIAL APPEAL No. - 518 of 2019 Appellant :- Dr. Neeraj Singh Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Anil Kumar Singh Bishen Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Anil Kumar Singh Bishen, Advocate, for appellant and learned Standing Counsel for respondents.
2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as “Rules, 1952”) has arisen from judgment passed by Single Judge dismissing appellant's writ petition observing that he was appointed on contractual basis for a fixed tenure which expired on 31.03.2015 and in absence of any extension thereof, he has no right to claim continuance.
3. Tenure appointment comes to an end by efflux of time and even an order of termination is not required as held by Apex Court in Director, Institute of Management Development, U.P. Vs. Pushpa Srivastava, AIR 1992 SC 2070.
4. Further if for some reasons, incumbent has continued to discharge duties, it would not confer any right upon him to continue since such continuance is without any order of appointment or contract and there is no principle of holding over in the matter of employment as held in State of Orissa and another Vs. Mamata Mohanty 2011 (3) SCC 436.
5. It is not the case of appellant that contractual appointment was ever extended after 31.03.2015. In these facts and circumstances, we find no merits in this appeal.
6. Dismissed.
Order Date :- 30.4.2019 PS