Court No. - 33
Case :- WRIT - A No. - 43052 of 2016 Petitioner :- Santosh Kumar Yadav Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- Babu Ram Yadav,Kedar Nath Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing Writ Petition No.2747 of 2016, which was disposed of with a direction upon respondent no.5 to consider petitioner's claim. Consequential order has been passed by the Deputy Commissioner stating that there is no substantive post of Rojgar Sewak and that such appointments are offered on contractual basis under a particular scheme. It has further been stated that petitioner has worked for three years whereafter he absconded and made an application for reinstatement after five years. His claim for reinstatement on contractual basis has been declined on the ground that petitioner has not placed any material in support of his plea that he was suffering from illness from January, 2010 to June, 2015.
Alongwith writ petition petitioner has annexed two prescriptions issued to him in the year 2010 and thereafter a prescription of the year 2015. From these documents it cannot be said that petitioner was suffering from such serious illness that he could not perform his duties. Even otherwise, petitioner's engagement was on contractual basis. In the counter affidavit it has otherwise been stated that petitioner has not worked from 2010 to 2015.
Considering the nature of petitioner's appointment and also unexplained absence from duty no interference with the order impugned dated 26.03.2016 is called for. It is, however, provided that in the event contractual post still remains vacant and petitioner applies for appointment, his claim for contractual appointment shall be dealt with in accordance with applicable government order or the statutory scheme.
Subject to the above observations, this petition is disposed of.
Order Date :- 28.9.2021 Ashok Kr.