Court No. - 58
Case :- WRIT - A No. - 10570 of 2018 Petitioner :- Jitendra Kumar Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shatrunjay Singh,Sunil Kumar Singh Counsel for Respondent :- C.S.C.,A/S1548,Sanjay Chaturvedi,Sunil Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Vinay Kumar, holding brief of Sri Durga Singh for the respondents.
District Basic Education Officer, Ballia has passed an order on 10th April, 2018, refusing to extend contractual engagement of petitioner on the post of Accountant in the institution concerned. The order records that petitioner's services has not been found satisfactory and his extension is not in the interest of institution.
Learned counsel for the petitioner submits that although two notices were given in the past to the petitioner, and he has submitted his reply, but no decision has been taken upon it. Even the report required to be obtained from the concerned Principal of DIET and Assistant Account Officer regarding satisfactory working of petitioner has not been called. Submission is that in such circumstances, the decision taken by the respondents not to extend the petitioner's engagement is arbitrary.
Learned counsel for the respondents submits that petitioner is a contractual employee and his non-renewal of engagement is based upon valid materials.
It is not in dispute that the District Magistrate happens to be the Chairman of District Project Committee, which is supervising the functioning of these institutions.
In the facts and circumstances, noticed above, it would be appropriate to permit the petitioner to approach respondent no.2, in respect of his grievance annexing all relevant materials in support of his claim, alongwith certified copy of this order. In case such a claim is raised, the same shall be examined by the authority concerned, in accordance with law, by means of a reasoned order, within a period of two months from the date of presentation of certified copy of this order. The order under challenge shall abide by the orders to be passed by the authority concerned.
Writ petition is, accordingly, disposed of.
Order Date :- 25.4.2018 Anil