Court No. - 36
Case :- WRIT - A No. - 15195 of 2020 Petitioner :- Vishwas Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Chandra Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
It is admitted that the petitioner had been removed from the post of Home Guard on 31.03.2008. The order impugned records that after a period of six years, the prayer for reinstatement/re-employment/re-consideration for engagement as 'Home Guard' cannot be considered.
The submission of learned counsel for the petitioner is that the petitioner has always discharged his duties with utmost dedication. His prayer for re-consideration/reinstatement/re- employment ought to have been considered by the respondents, sympathetically.
It is argued that the order impugned dated 06.10.2020 does not assign any reason for refusal to reinstate the petitioner.
It appears that the petitioner moved an online complaint on IGRS portal seeking reinstatement on the post of Home Guard pursuant to the Government Order dated 02.12.2016. The order impugned categorically records that no claim of the petitioner for reinstatement was pending. Moreover, the petitioner's claim for reinstatement cannot be considered in view of the aforesaid Government Order, inasmuch as, the request for reinstatement could not have been considered after a period of six years of order of removal.
Be that as it may, it is admitted that the termination order dated 31.03.2008 has become final as it has not been challenged before any Court of law. As far as the Government Order dated 02.12.2016 is concerned, the same cannot be applied in the case of the petitioner. The appointment on the post of Home Guard is contractual in nature. The claim for reinstatement after 12 years, is not supported by any rule, provision or government order.
No rule or provision pertaining to reinstatement on the post of Home Guard could be placed before the court. In any case, the challenge to the order impugned cannot be sustained.
The writ petition is, thus, found devoid of merits and hence dismissed.
Order Date :- 13.1.2021 P Kesari