AWADHESH KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) D. S. Sinba, J. Heard Sri Anil Yadav, learned Counsel appearing for the petitioner and Sri A. K, Gupta, learned Counsel representing the respondents.

(2.) BY means of this petition, under Article 226 of the Constitution of India, the petitioner, a teacher appointed for a specified time, urges this Court to issue a writ, order or direction in the nature of mandamus restraining respondents from interferring with his functioning as post Graduate Teacher (English) at Kendriya Vidyalaya in the district of Sonbhadra and also to direct the respondent to continue to pay him salary month by month.

(3.) IN support of the prayer of the petitioner claimed in the petition learned Counsel for the petitioner places reliance upon the decision of a learned Single Judge of this Court rendered in the case of Km, Manisha Verma v. Kendriya Vidyalaya, New Delhi and another, 1993 (2) UPLBEC 166. This decision of the learned single Judge provides no support tot he claim of the petitioner for two reasons. Firstly, the case of Km. Manisha Verma pertained to ad hoc appointment and not to a contractual appointment for a fixed period; and secondly, the decision has been reversed in Special Appeal No. 506 of 1993-Assistant Commissioner, Kendriya Vidyaloya, Regional Office, C-2 Area, Janak Puri, New Delhi v. Km. Manisha Varma, vide order and judgment dated 29th September, 1994 passed by a Division Bench.