TARKESHWAR NATH PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) Pursuant to an advertisement dated 21.6.1988 issued by Chandauli Polytechnic, Varanasi inviting applications for appointment of two Assistant Lecturers (Civil) and one Assistant Lecturer (Vidyut), besides there other posts, the petitioner had applied for appointment as Assistant Lecturer (Vidyut). After undergoing the process of selection, the petitioner was declared selected by the Selection Committee for appointment on the post of Assistant Lecturer (Vidyut). Thereafter vide order dated 1.12.1988, the petitioner was appointed on such post but with a condition in the appointment letter that the same shall be only till May, 1989. After May, 1989, when work was not taken from the petitioner, he filed representations before the Commissioner, Varanasi Division, Varanasi, (who was Chairman of Chandauli Polytechnic), who had called for the comments from the officials. However, since no orders were passed, the petitioner filed this writ petition with a prayer that his representation may be decided and he may be treated to be in continuous service and also to declare the condition in the appointment letter of the petitioner limiting the same till May, 1989 as violative of Articles 14 and 16 of the Constitution of India.

(2.) By an interim order dated 14.2.1991 granted by this Court it was directed that "if the petitioner was appointed in place of Sri T.B. Singh, as averred, then he shall continue to work until Sri T.B. Singh is reverted to his original post or till a regularly selected candidate joins the post". After the passing of the interim order the petitioner was permitted to join on the post on 30.3.1991 and continued to work till 16.2.2004, when the respondents stopped taking work from the petitioner as this writ petition had been dismissed in default on 14.10.2003. However, thereafter the writ petition had been restored to its original number on 4.3.2004.

(3.) It is noteworthy that after the passing of the interim order on 14.2.1991, the respondents permitted the petitioner to work as Assistant Lecturer (Vidyut) and did not even file a counter affidavit for six years as it. was only in April, 1997 that the same was filed.