ATUL NAUTIYAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) RAJEEV Gupta, C. J. Appellant Atul Nautiyal has filed this Special Appeal against the im pugned judgment dated 21-08-2006 passed in Writ Petition No. 932 of 2003 (S/s ).

(2.) APPELLANT Atul Nautiyal had filed the writ petition for the following reliefs: "a. To issue a writ, order or direction in the nature of mandamus com manding the Respondents to forthwith pay the entire arrears of salary with effect from 1-3-2003 to the Petitioners and also to pay the due salary for the posts held by them regularly from month to month, as and when it falls due. B. To issue a writ, order or direction in the nature of mandamus re straining the Respondents from interfering in the functioning of the Petitioners in any manner whatsoever except in accord ance with law. C. To issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. D. To award the cost of the writ petition in favour of the Peti tioners. "

(3.) THE learned Single Judge, on a thorough consideration of the rival submissions of the learned counsel for the parties and following the recent dictum of the Apex Court in the case ,of Secretary, State of Karnatak and Others Vs. Umadevi and Others re ported in (2006) 4 SCC 1, held that the petitioner had no right to continue on the post of Clerk-cum-Data Entry Operator after the expiry of the period of his contractual appointment. THE learned Single Judge, therefore, dis missed the petitioner's writ petition.