Committee of Management, Adams Girls Inter College, Almora v. Beena Kanojia
2023-05-18
RAKESH THAPLIYAL, VIPIN SANGHI
body2023
DigiLaw.ai
JUDGMENT : Vipin Sanghi, J. Delay Condonation Application No. 9908 of 2018 None appears for respondent No. 1, when the matter is called out. 2. There is delay of 19 days in filing the present appeal. 3. We have heard learned counsels, and gone through the application. 4. For the reasons stated in the application, the delay is condoned. The delay condonation application is, accordingly, allowed. Special Appeal No. 542 of 2018 5. The prayer sought by the respondent No. 1 / writ petitioner in the writ petition was for a direction to the appellant herein to give appointment to her / reinstate her on the post of Clerk in the Adams Girls Inter College, Almora. 6. The writ petition was disposed of by the following order : “Mr. A.K. Pandey, Advocate for the petitioner. Mr. S.S. Chaudhary, Brief Holder for the State. The petitioner was appointed as Clerk on P.T.A. basis. The claim of the petitioner was not considered for regular appointment only on the ground that the regular vacancies were not available. Accordingly, the writ petition is disposed of with the direction to the respondents to consider the case of the petitioner for the post of Clerk as and when vacancy arises, taking into consideration his experience.” 7. The submission of learned counsel for the appellants is that the services of respondent No. 1 had been dispensed with on 05.11.2003. The impugned order was passed after nearly 15 years of her services being dispensed with. He submits that the respondent No. 1, therefore, may not be eligible for being appointed even if vacancy arises. 8. On a plain reading of the impugned order, it is clear to us, that the same merely required the appellant to consider the candidature of the respondent No. 1 for the post of Clerk, as and when vacancy arises. It does not mean that the appellant has been directed to positively grant appointment to respondent No. 1 de hors the rules. It goes without saying, that only if respondent No. 1 makes her application against an advertisement issued for the post of Clerk by the appellant, her candidature may be considered in accordance with the rules, and not otherwise. 9. With this clarification, we dispose of the appeal. 10. All pending applications also stands disposed of.