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2010 DIGILAW 192 (ALL)

KRISHNA NAND CHATURVEDI v. STATE OF U. P. through its SECRETARY, HIGHER EDUCATION, CIVIL SECRETARIAT, U. P. AT LUCKNOW

2010-01-13

KASHI NATH PANDEY, SATYA POOT MEHROTRA

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JUDGMENT S.P. MEHROTRA and K.N. PANDEY, JJ.-We have heard Sri S.C Tiwari, learned Counsel for the petitioners and the learned Standing Counsel appearing for the respondents. 2. The petitioners have filed the present writ petition making the following prayers : (a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to continue the services of petitioners as contract Lecturers in the subsequent academic sessions upon the post in question or till regularly selected candidates, join the posts in question. (b) Issue, any other such writ, order or direction which this Hon'ble Court may deem fit and proper in the interest of justice and fitness of things. (c) Award the costs of the writ petition in favour of the petitioners. 3. From the averments made in the writ petition, it appears that the petitioner No.1 was appointed on the post of Lecturer in Political Science by the order dated 8.12.2006 on contract. basis in Government Degree College, Atrauli, Aligarh. The petitioner No.1 joined his service on 18.12.2006. The first term of the petitioner No.1 was completed on 17.12.2007. After a gap of 15 days, the petitioner No.1 was permitted to join second time on 2.1.2008. The second term of the petitioner No.1 was completed on 1.1.2009. Thereafter, after a gap of 15 days; the petitioner No.1 was permitted to join on 17.1.2009. The last term of the petitioner No.1 is going to expire on 16.1.2010. 4. From the averments made in the writ petition, it appears that the petitioner No.2 was appointed on the post of Lecturer in Hindi by the order dated 4.12.2006 on contract basis in Government Degree College, Atrauli, Aligarh. The petitioner No.2 joined her service on 7.12.2006. The first term of the petitioner No.2 was completed on 26.12.2007. After a gap of 15 days, the petitioner No.2 was permitted to join second time on 22.12.2007. The second term of the petitioner No.2 was completed on 21.12.2008. Thereafter, after a gap of 15 days, the petitioner No.2 was permitted to join on 16.1.2009. The last term of the petitioner No.2 has expired on 5.1.2010. 5. The case of the petitioners is that the tenure of three years as contemplated in the appointment letter in respect of the petitioner No.2 has expired on 5.1.2010 while in respect of the petitioner No.1, the said tenure of three years is going to expire on 16.1.2010. The last term of the petitioner No.2 has expired on 5.1.2010. 5. The case of the petitioners is that the tenure of three years as contemplated in the appointment letter in respect of the petitioner No.2 has expired on 5.1.2010 while in respect of the petitioner No.1, the said tenure of three years is going to expire on 16.1.2010. However, neither the tenure of any of the petitioners has been extended nor has any of the petitioners been granted renewal. 6. Learned Standing Counsel submits that in the facts and circumstances of the case, it would be appropriate for the petitioners to make representation before the Director, Higher Education, U.P., Allahabad (respondent No.2) seeking extension/renewal of their respective tenures. 7. Having regard to the stand taken by learned Counsel for the parties, we are of the opinion that the interest of justice would be sub-served by permitting the petitioners to make their respective representations before the Director, Higher Education, U.P., Allahabad (respondent No.2) and directing the Director to take appropriate decision on such representations within a specified period. 8. We, accordingly dispose of the writ petition with he following directions : 1. Each of the petitioners will submit his/her representation before the Director, Higher Education, U.P., Allahabad (respondent No.2) within a period of four weeks from today along with a certified copy of this order. 2. The Director, Higher Education, U.P., Allahabad (respondent No.2) will consider each of the aforesaid representations and take appropriate decision thereon in accordance with law by passing a speaking order expeditiously, preferably within a period of two months from the date of receipt of the said representations. 3. It is further provided till the Director, Higher Education, U.P., Allahabad (respondent No.2) takes a decision, as mentioned above, or till regularly selected candidates join on the posts in question, whichever is earlier, the petitioners would be continued to Contract Lecturer if continuing as on date. 9. It is made clear that this Court has not adjudicated upon the merits of the case of the petitioners. Petition Disposed of.