JUDGMENT M. Katju and Rakesh Tiwari, JJ.
1. Heard the learned counsel for the petitioner and learned standing counsel for the respondents.
2. The petitioner retired as a Professor of Medicine in Moti Lal Nehru Medical College, Allahabad in the year, 1996. She is now aged about 64 years. It appears that by G.O. dated 17.4.2001, the U.P. Government took a decision to fill up the vacant posts of teachers in the State of U.P. from amongst the retired teachers on contract basis vide Annexure-1 to the writ petition. This was done in view of the shortage of regularly selected teachers and hence, it was decided to appoint retired teachers on contract basis.
3. The petitioner applied for appointment in pursuance of the aforesaid G.O. dated 17.4.2001 and the Vice-President of the Medical College Society by his letter dated 20.9.2001 (Annexure-2 to the writ petition) wrote to the Director/ Principal to permit the petitioner to Join the Medical College. The petitioner submitted her joining report on 11.10.2001 and has alleged in para 8 of the petition that on 19.10.2001 she has joined the post on oral order of Dr. Barnawal, the acting Principal in the Medical College. However, on 20.10.2001, the regular Principal of the Medical College turned down the request of the petitioner to issue her an order of joining and it appears that she had never joined at all. She has alleged that some other persons are working on contract basis.
4. In our opinion, once a teacher or employee retires on superannuation thereafter any appointment given to him/her does not give him/her any right to the post. At most the petitioner can file a suit for damages for breach of contact but certainly not any suit or writ petition or other kind of application for reinstatement or continuation in service. Any appointment given after retirement can be terminated at any time without giving opportunity of hearing or reasons. The petitioner has no right to the post as he has retired on attaining the age of superannuation. There is no violation of the Articles 14 or 311 of the Constitution of India.
5. The writ petition is dismissed accordingly.