LAWS(ALL)-2023-3-203

SUNIL KUMAR MISHRA Vs. STATE OF U.P

Decided On March 22, 2023
SUNIL KUMAR MISHRA Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Parashar Pandey, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents.

(2.) Petitioner who has finally retired as Lecturer from the institution of 5th respondent on 31/3/2022, has approached this Court questioning the decision of the Regional Selection Committee dtd. 2/5/2022 whereby his claim for regularisation as Lecturer has been rejected and so resultantly he stands denied of post retirement dues including pension.

(3.) Briefly stated facts of the case are that on account of one Suraj Prakash Agrawal, Lecturer (Chemistry) proceeding on long leave, the committee of management proceeded to fill up such short term vacancy by appointing petitioner as ad-hoc Lecturer on 29/10/1985. The appointment of the petitioner though came to be approved by the District Inspector of Schools (DIOS) but he was not paid any salary. Resultantly, petitioner filed a writ petition before this Court being Writ-A No.20807 of 1986 and the High Court while entertaining the petition issued a direction on 17/12/1986 to the effect that until services of the petitioner were terminated or some other candidate came and joined on recommendation of the Selection Board, petitioner shall be continued and he shall be entitled to emoluments (salary).