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2025 DAILYLAW 112210 (ALL)

AWADHESH KUMAR TIWARI v. UNION OF INDIA AND 5 OTHERS

WRIA/20406/2024 · 2025-01-23

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11644 Court No. - 10 Case :- WRIT - A No. - 20406 of 2024 Petitioner :- Awadhesh Kumar Tiwari Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Pramod Kumar Yadav,Ram Janam Shahi Counsel for Respondent :- Pooja Agarwal,A.S.G.I.,Hem Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ram Janam Shahi, learned counsel for petitioner and Ms. Pooja Agarwal, learned counsel for respondents - 2 to 5. 2. Petitioner before this Court is admittedly a contractual appointee as Assistant Teacher and now he is aggrieved that his contract is not renewed/extended by impugned order dated 01/02.08.2024. 3. Learned counsel submits that petitioner is discharging his duties for last more than 10 years on extended contract without any complaint, therefore, he has a legitimate expectation that his contract be renewed or extended since according to him, vacancy still exists and, therefore, he may be accommodated. 4. Learned counsel for respondents submits that petitioner is bound by his contract and only on a ground that his contract was repeatedly extended earlier for last one decade, he has no absolute right for further extension. Other persons on contract basis have already been appointed as well as direct recruitment process has already been initiated wherein petitioner has also participated. 5. In aforesaid circumstances, since petitioner is only a contractual employee and he does not have vested right for his extension even he has worked for more than 10 years and considering nature of impugned order, therefore, in strict manner, present writ petition may not be maintainable. The Court also takes note that there is no allegation of malafide or discrimination in writ petition which may be a ground for interference under writ jurisdiction. 6. The Court also takes note that since now direct recruitment process is under progress and petitioner has also participated in it, therefore, this writ petition is disposed of with an observation that in case said recruitment process is not concluded within 1 year and in the next year, if services of petitioner is required for contractual purpose, petitioner may also be considered for said post and his application may not be rejected only on a ground that his earlier contract was not extended. Order Date :- 23.1.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad