HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7584 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. As prayed by counsel for the petitioner, he is permitted to correct the designation/description of respondent no. 2, during course of the day. Counter affidavit and vakalatnama filed today by Sri Manu Dixit on behalf of respondent no. 2 are taken on record. Heard learned counsel for the petitioner, counsel for the respondents State and perused the record. Instant petition has been filed with the following reliefs:- "1. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opposite party No.2 to allow/permit the petitioner for work and take the duty as taken earlier before filing the writ petition and pay the honorarium as it was paid earlier to the petitioner. 2. Issue a writ, order or direction in the nature of CERTIORARY and quashed the oral disengagement order after summoning the original. 3. Any other relief which this Hon'ble Court deems fit and proper in favour of the Petitioner and against the opposite parties may also be allowed. 4. Award the cost in favour of the Petitioner." It is contended by learned counsel for the petitioner that the petitioner was working on contractual basis and was ousted by replacing him with another contractual employee. He submits that it is impermissible under the law. In support of his contentions, he has placed reliance on the judgment rendered Versus Counsel for Petitioner(s) : Salik Ram Yadav, Amol Dixit Counsel for Respondent(s) : A.S.G.I., Harsha Yadav Ramesh Chandra .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of Heavy Industries New Delhi And Another .....Respondent(s) in Civil Appeal No. 3084-3088 of 2022 [Arising out of Special Leave Petition(Civil) No. 12946-12950 of 2017] Manish Gupta & Anr. Etc. Etc. versus President, Jan Bhagidari Samiti & Ors. Etc. Etc. and has referred paragraph no. 12 of the aforesaid judgment, which is extracted as under:- "12. A perusal of the advertisement dated 24th June, 2016 issued by the Principal. Government Kamla Raja Girls Post Graduate Autonomous College, Gwalior, which is at Annexure P-2 of the Appeal Paper Book and the advertisement dated 2nd July, 2016 issued by the Principal, SMS Government Model Science College, Gwalior, M.P., which is at Annexure P-3 of the Appeal Paper Book, would show that the appointments were to be made after the candidates had gone through due selection procedure. Though Shri Nataraj, learned ASG has strenuously urged that the appointments of the appellants were as guest lecturers and not as ad hoc employees, from the nature of the advertisements, it could clearly be seen that the appellants were appointed on ad hoc basis. It is a settled principle of law that an ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed. Reliance in this respect can be placed on the judgment of this Court in the case of Rattan Lal and others us. State of Haryana and others' and on the order of this Court in the case of Hargurpratap Singh vs. State of Punjab and others²." Referring the aforesaid, he submits the case of the present petitioner is squarely covered with the ratio of the judgment aforesaid. On the other hand, counsel for the respondents have opposed the contentions aforesaid and submits that the petitioner was appointed on contractual basis and that was for a period of 11 months, therefore, the petitioner can't claim his rights to be allowed to work for indefinite period of time. Upon considering the submissions of counsel for the parties, it is apparent that it is an admitted fact between the parties that the petitioner was appointed on contractual basis. It is further noticed that the services of the has been stopped, but as per the contention of counsel for the petitioner, another contractual employee has been placed, on place of the present petitioner. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 10 days, and if such representation is moved within aforesaid period, the respondent no. 2/A.G.M. HR, Bhel, Fabrication Stamping & Insulator Plant(FSIP) Industrial Area, Jagdishpur District Amethi, is hereby directed to consider WRIA No. 7584 of 2025 2 and decide the same, in the light of the judgment and order passed in the case of Manish Gupta & Anr. Etc. Etc.(supra) within a period of six weeks, from the date, a certified copy of this order is produced before him. With the aforesaid observations, the instant petition is disposed of. November 20, 2025 Mayank WRIA No. 7584 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench