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2024 DIGILAW 419 (UTT)

Rajesh Kumar Arya v. State of Uttarakhand

2024-06-14

RAKESH THAPLIYAL, RITU BAHRI

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JUDGMENT : Ritu Bahri, C.J. There is a delay of 05 days in preferring the present Special Appeal. For the reasons stated in the application seeking condonation of delay (IA/1/2024), the same is allowed and the delay in preferring the present Special Appeal is condoned. 2. The present Special Appeal has been filed by the appellant against the judgment of the learned Single Judge, whereby his Writ Petition has been dismissed. In the said Writ Petition, the appellant had challenged the order dated 15.02.2024 passed by respondent no. 2, whereby the services of the appellant, who was engaged as Assistant Prosecution Officer (Panel Advocate), has been discontinued. 3. A perusal of the order passed by the learned Single Judge shows that the appellant had been appointed as Assistant Prosecution Officer (Panel Advocate) in District Almora vide order dated 04.10.2021 (Annexure No. 2 in the Writ Petition). His engagement was for a period of one year, or till the regular Assistant Prosecution Officers are appointed in the district. Vide order dated 21.11.2023 (Annexure No. 3 in the Writ Petition), his tenure was further extended for a period of one year, w.e.f. 04.10.2023, or till regularly selected Assistant Prosecution Officers were engaged. 4. Vide order dated 05.02.2024, four Assistant Prosecution Officers were regularly appointed in the District, pursuant to regular selection, and keeping in view the above fact, the services of the appellant were discontinued vide order dated 15.02.2024 by respondent no. 2. Once the regularly selected candidates had joined, there was no post available for the appellant to continue, and complete the period of one year, which was extended vide order dated 21.11.2023 (Annexure No. 3), w.e.f. 04.10.2023 till 03.10.2024. 5. Even as per the appointment letter – Annexure No. 2, and the extension letter – Annexure No. 3, the appellant was to continue to work till the regularly selected Assistant Prosecution Officers were appointed. Once the four Assistant Prosecution Officers were appointed regularly on 05.02.2024, there was no post available to allow the appellant to continue till the extended period, i.e. till 03.10.2024. 6. The learned Single Judge has rightly dismissed the Writ Petition by observing that the tenure of the appellant would come to an end once the regular selected candidates had joined on the post of Assistant Prosecution Officers, and the services of the appellant has been rightly discontinued. 7. 6. The learned Single Judge has rightly dismissed the Writ Petition by observing that the tenure of the appellant would come to an end once the regular selected candidates had joined on the post of Assistant Prosecution Officers, and the services of the appellant has been rightly discontinued. 7. Once the posts have been occupied by regularly selected candidates, the appellant could not claim continuity, as he had been engaged only for a period of one year, or till the regular Assistant Prosecution Officers were appointed. Once the regular posts have been occupied, there is no post available, against which the appellant can continue and draw his salary. 8. There is no merit in the present Special Appeal. The same is, accordingly, dismissed. 9. Pending application(s), if any, also stand disposed of accordingly.