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Km. Neelam v. State Of U.P. And Others - WRIT - A No. 27674 of 2004 [2006] RD-AH 1622 (22 January 2006)


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Court no. 31

Civil Misc. Writ Petition No. 27674 of 2004

Km. Neelam


State of U.P. and others

Hon'ble Bharati Sapru, J.  

Heard learned counsel for the petitioner and the learned counsel for the respondent no. 3.

This Court passed an interim order on 28.7.2004 by which it was directed that the petitioner should be continued in service or the respondents should show the cause, even otherwise prayer no. 1 of the petitioner reads as under:

"i. to issue a writ, order or direction in the nature of    

mandamus commanding the respondent not to terminate the services of the petitioner on the post of clerk except in accordance with law."

The prayer, as stated above, discloses no cause of action on the merits of the case. The respondents have filed counter affidavit in which they have categorically stated that the petitioner was engaged as daily wager in the D.P.E.P. II. Scheme and the Scheme has come to an end. In para 11 of the counter affidavit, it has been averred that the Scheme has come to an end on 16.7.1999. Since the petitioner had been engaged as daily wager in the Scheme, she cannot claim any right to continue once the Scheme itself has come to an end. Therefore, really speaking no cause of action survives to the petitioner and the prayer made cannot be granted. The prayer itself is misconceived.

The writ petition is devoid of merits and is hereby dismissed. There will be no order as to costs.

Dated 22.78.2006



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