Neutral Citation No. - 2025:AHC:139233 Court No. - 52 Case :- WRIT - A No. - 28510 of 2015 Petitioner :- Smt. Shiv Kumari Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajai Kumar Singh Kushwaha,P.N. Singh Counsel for Respondent :- C.S.C.,R.B. Pradhan Hon'ble Mrs. Manju Rani Chauhan,J. 1. Case is called out. None appears for the petitioners. 2. Learned Standing Counsel for the State is present. 3. The case is listed in the category of oldest pending cases in the cause list, for priority hearing. 4. A notice has also been placed on the notice board specifically, mentioning that "old cases up to the year 2022 shall be taken up in the first round itself. In case of non-appearance, matter shall be dismissed as infructuous or otherwise, and in the cases, where the cause of action still survives, the concerned advocates are expected to mark them accordingly in the cause list. Failure to do so, may result in its dismissal as infructuous" but, neither the counsel for the petitioners has appeared nor has the case been marked to indicate that the cause of action still survives. 5. The petition is of the year 2013 has been filed with a prayer to quash the impugned order dated 19.03.2015 passed by the respondent No.2 i.e. Additional Director of Education (Basic), Allahabad. Alternatively, it has also been prayed directing the respondent-Authority to pay the amount of salary of the petitioner w.e.f. 30.10.1981 along with arrears. By the impugned order, the appointment of the petitioner on the post of Assistant Teacher has been cancelled as the same was not made against the sanctioned posts. 6. In the counter affidavit so filed by the respondent No.4, it has categorically been mentioned that petitioner has not been appointed in terms of provisions of Rule 9 and 10 of the U.P. Manyata Prapt Basic School (Junior High School) Adhyapakon Ki Bharti Aur Seva Aur Sharten Niyamawali, 1978 (hereinafter referred to as the "Niyamawali, 1978") as the Managing Committee of the Institution without advertising the post, had passed the proposal for appointment and the same is not in consonance with the Niyamawali, 1978. 7. In the rejoinder affidavit filed by learned counsel for the petitioner, the aforesaid facts have not been replied with. 8. In view of the above, the writ petition is dismissed, accordingly. Order Date :- 14.8.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad