VIRENDRA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) PETITIONER has been performing and discharging duties as CSSD Technician at N.H.R.M. Medical College, Gorakhpur. Vide letter dated 18.08.2010, he was asked to look after the work of Assistant Engineer (Civil) also. Said order has been revoked on 20.12.2011 by the Principal of the College. At this juncture, petitioner has rushed to this Court.

(2.) SRI Om Prakash Pandey, learned counsel for the petitioner, contended with vehemence that, as no appointment has been made on the post in question in substantive capacity or otherwise, petitioner ought to have been continued to perform and discharge the additional duty of Assistant Engineer (Civil). In view of this, the order passed smacks of arbitrariness.

(3.) RECORD in question reflects that as a stop gap arrangement, the petitioner vide letter dated 18.08.2010 had been asked to perform duties of Assistant Engineer (Civil) in addition to the duties of his own post, but subsequently, said order has been revoked by the Principal of the institution, and the petitioner has been asked to perform the duties as were being performed by him in the past prior to 18.08.2010. Making of such arrangement is within the domain of the authority concerned, and insistence of petitioner as a matter of right that as no alternative arrangement has been made, the petitioner should be permitted to continue on the post in question, cannot be accepted as no legal right has accrued in favour of the petitioner, prompting him to claim continuance on the post in question.