High Court of Judicature at Allahabad
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Ram Avadh Ram v. Branch Manager, Life Insurance Corp. Of India Jaunpur & Ors. - WRIT - A No. 31220 of 2003  RD-AH 4566 (15 March 2007)
Hon. Pankaj Mithal,J
Heard Sri Manoj Srivastava, learned counsel for the petitioner and Sri Manish Goel, learned counsel appearing for respondents No. 1 and 2, learned Standing counsel appears for respondent No. 3. Respondent No. 4 is a proforma party. No one has appeared on its behalf despite notice.
The petitioner was appointed as a peon purely on temporary basis for 85 days from 5.3.2003 to 28.5.2003 vide appointment letter dated 5.3.2003 (Annexure 3 to the writ petition). It appears that after the petitioner completed the above tenure of 85 days, his services were not extended and he was not allowed to function.
In the above circumstances, the petitioner filed this writ petition alleging that the post of the peon on which he was appointed for a fixed period is continuing and therefore his appointment should also be continued.
Admittedly, the petitioner was appointed purely on temporary basis and moreover the appointment was for a fixed period which has expired. The petitioner being a temporary employee had not acquired any lien or right over any post and therefore he can not claim continuance on the said post merely because the post of the peon continues in the department. The post of the peon is required to be filled in accordance with the law after following the procedure prescribed. The petitioner cannot be permitted to work on the said post after his period of contract come to an end.
The writ petition is devoid of merit and is accordingly dismissed.
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