High Court of Judicature at Allahabad
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Brikesh Kumar Yadav v. State Of U.P. And Others - WRIT - A No. 24171 of 2007  RD-AH 9741 (22 May 2007)
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.
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