HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 9193 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri J.P. Singh, learned counsel for petitioner, Sri Vaibhav Tripathi, Advocate for Respondent-1, Sri Prateek Rai, Advocate for Respondents-2 to 6 and Sri Ankur Agarwal, Advocate for Respondents-7 to 8. 2. It is a hard luck of petitioner since he was in waiting list and after a selected candidate resigned he was appointed on the post of Assistant Professor and has worked for about six months. Later on respondents find that an illegality was committed since vacant post was due to resignation and not due to not opting offer of appointment, therefore, petitioner being in wait list, has no absolute right for consideration and accordingly the appointment was cancelled. 3. An attempt of learned Senior Advocate appearing for petitioner to refer the office memorandum dated 13.06.2000 would not be helpful in given set of circumstances since neither it was adopted by University nor it can be relied in view of a recent judgment passed by Supreme Court in the case of Union of India and others vs. Subit Kumar Das, 2025 INSC 1235 as well as Sudesh Kumar |Goyal vs. State of Haryana, 2023 INSC 842. Versus Counsel for Petitioner(s) : J.P. Singh, Ratnesh Pratap Singh Counsel for Respondent(s) : A.S.G.I., Ankur Agarwal, Diptiman Singh, Prateek Rai, Vaibhav Tripathi Dr. Abhishek Dwivedi .....Petitioner(s) Union Of India And 7 Others .....Respondent(s) 4. However, the writ petition is disposed of with observation that petitioner is entitled for salary for the period he has worked and compensation since he was not on fault and for that the Court determined a compensation of Rs. 2.5 lacs over the payment of arrears of salary. October 30, 2025 AK WRIA No. 9193 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad