UDAI PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri H. N. Singh, learned counsel for the petitioner and learned standing counsel for the respondents.

(2.) THE grievance of the petitioner is that he was untrained but engaged as Assistant Teacher in primary School managed by Zila Parishad, Mirzapur since 1963 and onwards but was not permitted to sign the attendance register from 1.7.1970 by the Head Master of Primary School, Dadhiram, District Mirzapur only on the ground that he is an untrained teacher. It is also submitted that though he has discharged his duties till 1974 but neither he was allowed to sign the attendance register nor his salary has been paid. Relying on the judgment dated 16.1.1988 passed by this Court in Writ Petition No. 31621 of 1980, Durga Prasad Chaturvedi v. District Basic Shiksha Adhikari, Mirzapur, it is contended that the petitioner is also entitled for the same benefit as allowed by this Court in the aforesaid case.

(3.) IN Director, INstitute of Management Development, U. P. v. Pushpa Srivastava (Smt.), 1992 (4) SCC 33 : 1992 (3) AWC 1827 (SC), the Hon'ble Apex Court held that the appointment made for a fixed tenure comes to an end on the expiry of the period of appointment provided in the letter of appointment and the incumbent need not be terminated as the termination of employment comes automatically by efflux of time.