Anil Kumar Saxena vs Secy. Comm.Of Management ...
2021 Latest Caselaw 8076 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 25881 of 1997
 

 
Petitioner :- Anil Kumar Saxena
 
Respondent :- Secy. Comm.Of Management S.C.Post Graduate College And Others
 
Counsel for Petitioner :- A.R. Dube,Kshitij Shailendra
 
Counsel for Respondent :- S.C.,J.S. Baghel
 

 
Hon'ble Ashwani Kumar Mishra,J.

This writ petition is directed against an order, dated 24.7.1997, passed by the Manager of the Institution concerned, which records that petitioner was engaged as a Class IV employee on 20th February, 1996, but as financial approval has not been granted to the post, the petitioner cannot be continued in service any further. No interim protection has been granted in the writ petition and, therefore, it appears that petitioner has actually not worked after 1997.

Considering the petitioner's temporary engagement as also the fact that no financial approval to the post otherwise was granted no right accrues in favour of the petitioner to continue or to be considered for regularization. The judgment of this Court in the case of Ajay Kumar Kulshrestha Vs. Director of Higher Education, 2006 (67) ALR 516 is clearly distinguishable on facts, inasmuch as, those persons were working for the last 11 to 14 years and their engagement also was by a committee of State Officials.

In the facts of the present case, the petitioner has admittedly worked for a year and is out of employment since 1997. No relief, therefore, can be granted to the petitioner.

The writ petition, accordingly, stands dismissed.

Order Date :- 15.7.2021

Ranjeet Sahu