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2025 DAILYLAW 16989 (ALL)

VINOD KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIA/1823/2025 · 2025-02-12

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22036 Court No. - 7 Case :- WRIT - A No. - 1823 of 2025 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Chandra Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1.The petitioner has preferred the present petition inter alia with the following prayer:- "(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authorities to renew the services of petitioner on the post of instructor at the Poorva Madhaymik Vidyalay Shahpur Uchaki Patti, Block Dudahi, District Kushinagar or at the Poorva Madhaymik Vidyalay Madhopur Block Dudahi District Kushinagar and to make payment of due Honorarium continuously. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3(District Magistrate Kushinagar) to consider and decide the application/representation dated 23.11.2024 submitted by the petitioner with speaking and reasoned order in accordance with law, within the stipulated period as fixed by this Hon'ble Court." 2. It is argued that initially the petitioner was appointed on the post of part time instructor on 19th June 2013 and worked regularly there on the aforesaid post till 31.03.2022. Subsequently since no renewal order was passed a representation moved before the authorities. On the said representation letter dated 21.11.2022 was written by Block Education Officer, Block Dudahi, District Kushinagar/respondent no. 5 to the District Basic Education Officer, District Kushinagar/respondent no. 4 on 29.11.2022, copy of the same appended as Annexure No. 5 to the present petition but till date no final decision has been taken in the matter. 3. On the other hand, learned counsel for the respondents argued that since the petitioner was appointed for a fixed term on a fixed salary, hence the appointment of the petitioner would be governed by the law of contract. It is further argued that appointment of the petitioner was for a fixed term hence it does not required any order of termination. 4. Heard learned counsel for the parties and perused the record. 5. From perusal of record, it is clear that the matter pertaining to the renewal of contract of the petitioner is still pending consideration before respondent no. 4. 6. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.4/District Basic Education Officer, District Kushinagar to take a decision on the letter dated 29.11.2022 written by the Respondent no. 5/Block Education Officer, Block Dudahi, District Kushinagar strictly in accordance with law most expeditiously and preferably within a period of two months from the date of production of certified copy of this order before him. Order Date :- 13.2.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad