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MOHD. SHAKIR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Mohd. Shakir v. State Of U.P. And Others - WRIT - A No. 15159 of 2007 [2007] RD-AH 5005 (21 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari, J

Heard Sri Gulab Chandra,counsel for the petitioner, Sri Shree Prakash Singh, Standing Counsel assisted by Sri Mukulji Verma, brief holder for the respondents and perused the record.

The case of the petitioner is that he was appointed as Urdu teacher in Panna Lal Nagar Palika Inter College, Sahaswan, Badaun after following the procedure for recruitment vide order dated 19.7.1976 and since then he has been teaching Urdu in the said College. He apprehends that the College authorities may dispense with his services with a view to appoint their own candidate.

From the averments contained in the writ petition, it is evident that the petitioner is still working in the capacity of Urdu teacher in the respondent-College and his services have not yet been dispensed with.  He has invoked the writ jurisdiction apprehending his removal from service.  Cause of action can arise only when an order is passed against a person.  Since no order removing the petitioner from service has been passed, the writ petition on the basis of mere apprehension is not maintainable.

The writ petition is pre-mature.

Accordingly, the writ petition fails and is dismissed. No order as to costs.

Dated 21.3.2007

Kkb


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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