MANOJ MALHOTRA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Counter affidavit in this case was filed by the contesting respondent/University of Delhi way back in February, 2015, but till date, no rejoinder has been filed. Time for filing the rejoinder is closed. As the facts will demonstrate, there ought not to be granted further time for filing the rejoinder.

(2.) By this writ petition filed under Article 226 of the Constitution of India, petitioner, who had worked on contractual basis as a Technical Assistant with the Department of Germanic and Romance Studies of the respondent till 31.12.2013, seeks the relief that he should be entitled to the monetary emoluments after the end of the contract period since he continued to work with the respondent in this period from 01.1.2014 till 30.5.2014. There is also a relief prayed that the petitioner should be re-appointed to his post with back wages. So far as the second relief is concerned, that relief was given up and as recorded in the order of a learned Single Judge of this Court dated 05.12.2014. The issue therefore is whether the petitioner had worked with the Department of Germanic and Romance Studies of the respondent from 1.1.2014 to 30.5.2014 and also if the same was pursuant to a direction of any competent authority.

(3.) The petitioner along with the writ petition has filed the photocpy of the Attendance Register showing the attendance in the month of January, 2014, and which is filed as Annexure P-10(Colly) at page 72 of the paper book, however, from page 75 onwards, the attendance is found not to be recorded in the regular Attendance Register but only in certain rough pages allegedly used for marking attendance. Admittedly the sheets filed are not of the Attendance Register of the concerned department of the respondent. It may be noted that the respondent has along with its counter affidavit filed as Annexure A-2(Colly) copies from the actual Attendance Register of the concerned department of the respondent, and which shows that there is no attendance of the petitioner after February, 2014 and till 30.5.2014, and for which period the petitioner claims monetary emoluments claiming to have worked in the concerned department of the respondent.