Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 188 of 2019 Appellant :- Ram Das Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Shiv Prasad Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner-appellant and learned Standing Counsel for the State.
The delay of four days in filing the appeal is sufficiently explained.
Accordingly, the delay is condoned.
The delay condonation application no. 2 of 2019 is allowed.
The petitioner-appellant had filed a writ petition seeking a direction upon respondent no.2 i.e. Basic Shiksha Adhikari, District Budaun to appoint him as Assistant Teacher in the Basic Parishadiya Vidyalaya of District Budaun. The writ petition which was filed in the year 2005 has been dismissed by the impugned judgment and order dated 16.01.2019 holding that since the date of birth of the petitioner-appellant is 02.02.1959, he is virtually at the verge of retirement, and there is no purpose in issuing any direction for his appointment at this stage, more particularly when there are no pleadings that the petitioner-appellant had ever applied for the said post pursuant to any advertisement. It appears that the petitioner-appellant is claiming appointment as Assistant Teacher only for the reason that he had worked for some different period starting from 1976 till 1995 as Assistant Teacher in various schools.
The mere working of the petitioner-appellant as Assistant Teacher in some schools is not sufficient for grant of any appointment to him until and unless the post is advertised and the petitioner-appellant applies and qualifies for the same.
In view of the aforesaid facts and circumstances, the writ court has rightly refused to exercise the discretion in the matter. There is no error on the part of the writ court in dismissing the writ petition. The appeal is devoid of merits and is accordingly dismissed.
Order Date :- 26.2.2019 S.Chaurasia