BRIKESH KUMAR YADAV versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Brikesh Kumar Yadav v. State Of U.P. And Others - WRIT - A No. 24171 of 2007 [2007] RD-AH 9741 (22 May 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the learned standing counsel.

By this writ petition the petitioner has prayed for mandamus directing the respondents to treat a post of Driver duly sanctioned for District Institute of Education & Training, Mau and to permit the petitioner to function as such and to pay the petitioner his regular monthly salary. The petitioner's engagement  was on contract basis in pursuance of the post creation  which was initial upto 31.3.2005.  Subsequently the scheme was extended  till 31.3.2006 and till that date the petitioner continued to work.  The prayer of the petitioner  that the post of Driver be treated  duly sanctioned for  District Institute of Education & Training which cannot be granted by this Court . The power for creation of the post  is with the State Government and no direction can be issued by this Court in this case.  Further, the prayer of the petitioner to continue on the post, also cannot be granted .  It is  however, observed that  if any Scheme is continued or in any other Scheme if contract appointment is implemented by the respondents  it will be open for the respondents to make the application   for consideration on the basis of  his experience  of working on contract basis in the District Institute of Education & Training.  The said application may be considered and disposed of in accordance with law.

With the above observation the writ petition is dismissed.

D/-22.5.2007

SCS/24171

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