BINODANAND JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this application, the petitioner has prayed for quashing the letter dated 1.10.1992 (Annexure 7) issued by respondent No. 4, Principal, Kendriya Vidyalaya Dipatoli, Ranchi, whereby he has terminated service of the petitioner as Post Graduate Teacher in history on the ground that one Shri L.L. Singh (respondent No. 5) has joined as Post Graduate teacher in history. Petitioner has also prayed that respondents be directed to allow him to continue in the said post.

(2.) THE petitioner was appointed by the Principal, Kendriya Vidyalaya, Dipatoli on 16.1.1991 as Post Graduate Teacher in History on Ad hoc basis in the pay scale of Rs. 1640 2900. The appointment of the petitioner was for a limited period and the petitioner was again appointed vide office order dated 19.9.91 (Annexure 4). This appointment was terminated on 30.4.92. The post of Post Graduate Teacher in History was again advertised and after interview, an order of appointment dated 1.9.92 was issued appointing the petitioner to the said post as quoted below: With reference to his application dated 31.8.92, Chairman is pleased to approve the appointment of Shri Binoda Nand Jha PGT (History) on part time basis. He has permitted to continue till the regular/teacher joins or 30th April, 1993 whichever is earlier. He will be paid consolidated amount of Rs. 1200.00 per month as part time teacher. If he accepts this offer he is asked to give his acceptance and join his duty immediately not letter than 05.9.92.

(3.) ADMITTEDLY the petitioner allowed was to continue even after 30th April, 1992. The respondent No. 5, L.L. Singh was transferred by notification dated 3.10.92 from Narangi Gauhati. The recital in Annexure 7 that L.L. Singh joined as regular P.G.T. in History is, therefore, not correct.