Chanda Singh And Another vs State Of U.P. And 3 Others
2021 Latest Caselaw 1135 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 36 of 2021
 

 
Appellant :- Chanda Singh And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Yadvendra Pratap Singh,Sanjai Singh
 
Counsel for Respondent :- C.S.C.,Mrigraj Singh
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

(Civil Misc. Exemption Application)

Heard.

This exemption application is allowed.

(Order on Memo of Appeal)

By this special appeal, a challenge is made to the judgment dated 07.12.2020 passed by learned Single Judge, whereby the writ petition preferred by the appellant-petitioners for challenge to the order dated 22/23.08.2017 was dismissed.

It is a case where the appellant-petitioners were appointed as Part-Time Instructor pursuant to the Government Order dated 31.03.2013. The service of the appellant-petitioners was renewed thereupon. The renewal was denied thereupon by the order dated 22/23.08.2017. The perusal of the order shows that the renewal of service of the appellant-petitioners was made depended on the strength of the students. It was made clear that if the strength of the students exceeds to 100, the service of the appellant-petitioners would be renewed. The said order was not challenged by the appellant-petitioners immediately but with laps of three years, thus the writ petition was dismissed on the ground of laches. We do not otherwise find any illegality in the order dated 22/23.08.2017.

The renewal of the service of the Part-Time Instructor is not automatic but on necessary consideration therefore even the judgment of this Court in Special Appeal Defective No.414 of 2019 (Sarita & 7 Others Vs. State of U.P. & 4 Others) decided on 14.05.2019, would not apply. In the case of Sarita (Supra), the consideration for renewal was not made, thus appropriate direction was given while in the instant case the consideration for renewal of term was made and denied for the reasons given in the affidavit.

Taking into consideration, the nature of appointment and the fact that even pursuant to the Government Order dated 31.03.2013, the consideration of renewal was made, thus no reason exists to cause interference in the judgment passed by learned Single Judge.

Accordingly, the present special appeal fails to stand and is dismissed.

Order Date :- 19.1.2021

A.Dewal