Manoj Kumar Panda vs Union Of India & Another
2015 Latest Caselaw 2353 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - A No. - 53142 of 2015
 

 
Petitioner :- Manoj Kumar Panda
 
Respondent :- Union Of India & Another
 
Counsel for Petitioner :- S.K. Upadhyay,V.K. Upadhyay
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the parties.

Petitioner was offered appointment by Central Footwear Training Institute, Agra for a period of five years. The appointment was terminated during the period of engagement. The petitioner filed application under Section 19 of the Central Administrative Tribunals Act  being Original Application No. 596 of 2015. An interim order was granted by the Tribunal on 19.4.2015. Not being satisfied the Director, Micro Small and Medium Enterprises and Ors. filed Writ Petition No. 35419 of 2015. A Division Bench of this Court granted an interim order in favour of the department. Feeling aggrieved, the employee filed Special Leave to Appeal No. 21837 of 2015 before the Apex Court. On 10.8.2015 an order of status quo was passed.

The Institute has advertised the post of Assistant Director. This according to the petitioner is  legally not permissible in view of order of status quo.

We are of the considered opinion that the petition is wholly misconceived. Status quo has to be maintained qua the working of the petitioner as on the date of the order of the Apex Court and nothing beyond it. The right of the Institute to advertise the vacancy need not be interfered by the Court. Even otherwise petitioner may approach the Central Administrative Tribunal against the advertisement if it is a fresh cause of action or else he may file a contempt petition before the Appellate Court.

The writ petition is dismissed.

Order Date :- 16.9.2015

Ashish Pd.