Hon'ble Dinesh Kumar Singh,J.
(C.M.Application No.88355 of 2021)
1. Heard learned counsel for the appellant and learned Standing counsel for the State.
2. The appeal has been filed with delay of 103 days. It is accompanied with an application for condonation of delay.
3. The cause shown in the affidavit filed in support of the application for condonation of delay is sufficient and more particularly considering the Apex Court's order dated 27.04.2021, passed in Misc. Application No.665 of 2021 in SMW (C) No.3 of 2020; Cognizance for Extension of Limitation Vs. XXXX, we find it appropriate to condone the delay.
4. Accordingly, the application for condonation of delay is allowed and the delay in filing the appeal is condoned.
5. Office shall provide regular number to the special appeal.
On memo
6. This intra court appeal has been filed challenging the judgment and order dated 17.03.2021 passed in Writ Petition No.12010(SS) of 2018.
7. Learned counsel for the appellant-petitioner submits that the appellant-petitioner was appointed temporarily on post of Lecturer (Agronomy) and his services were dispensed with in a most arbitrary manner vide order dated 07.04.2018. It is submitted that no notice or even otherwise any opportunity was given to the appellant-petitioner before termination of services. Under provisions of Section 31 U.P. State Universities Act of 1973, no termination order shall be passed without providing notice to the appellant-petitioner. The appellant-petitioner was not issued any notice, as such the order of termination was bad in law.
8. We have considered the submissions and gone through the record.
9. As per own case of the appellant-petitioner, the appellant-petitioner was appointed only on stop gap arrangement on the post of Lecturer in the College. Services of the petitioner were dispensed with after joining of the regularly selected candidate. Learned counsel for the appellant-petitioner has not been able to show any document that he was regularly appointed or selected against a sanctioned post in terms of the provisions as contained under Section 31 of the Act of 1973. The petitioner cannot claim that notice was required to be issued to him before termination of his services as he was appointed on stop gap arrangement and he was not a regularly selected candidate against a sanctioned post. Section 31 of the Act of 1973 clearly stipulates for an appointment on regular basis against a sanctioned post and the same is not applicable to the case of the appellant-petitioner.
10. Learned Single Judge has rightly dismissed the writ petition. We are fully satisfied that no right had accrued to the appellant-petitioner.
11. The special appeal being devoid of merit and substance is hereby dismissed.
(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.) Order Date :- 30.7.2021 prateek