NARESH PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought writ of mandamus commanding the Executive Officer, Cantonment Board, Fatehgarh, district Farrukhabad, respondent No. 3, to take the petitioner back in service and appoint him permanently on the sanctioned post of Gardener.

(2.) THE version of the petition is that he was working since 1983 as Gardener on daily wages in Cantonment Board, Fatehgarh, district Farrukhabad. His services were terminated orally in the month of May, 1991. THE Executive Officer, Cantonment Board, respondent No. 3, had sent a letter in the year 1990 to the District Defence Estate Central Command, Lucknow Cantt. for sanction of the post of Gardener in the name of the petitioner. THE post was sanctioned but respondent No. 3 did not make the petitioner permanent on the sanctioned post of Gardener and when the petitioner repeated the request, his services were terminated orally in the year 1991. THE petitioner has challenged the action of respondent No. 3.

(3.) IN Madhyamlk Shiksha Parishad, U. P. v. Anil Kumar Mishra, 1994 ALJ 389, the Supreme Court held that the person working under Education Board on ad hoc assignment has no right of regularisation merely because he has completed" 240 days of work till duly sanctioned post is created.