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2025 DAILYLAW 71625 (ALL)

SUNIL KUMAR GANGWAR v. STATE OF U.P. AND 6 OTHERS

WRIA/9137/2025 · 2025-08-11

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136236 Court No. - 52 Case :- WRIT - A No. - 9137 of 2025 Petitioner :- Sunil Kumar Gangwar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Om Prakash Chaube,Snehil Counsel for Respondent :- Atul Kumar Shahi,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, Mr. Atul Kumar Shahi, learned counsel for respondent no.7 and learned Standing Counsel for the State-respondents. The writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 28.04.2025 passed by respondent no.2. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to make payment of honorarium of the petitioner for the month of May, July, August, September and October, 2024 within stipulated time. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation of the petitioner dated 17.01.2025 within stipulated time." Learned counsel for the petitioner submits that the petitioner was working on the post of Chaukidar in Kasturba Gandhi Balika Vidyalaya, Banda, District Shahjahanpur (in short "Institution") for the last 11 years. The renewal of the petitioner was done from time to time, however, when a complaint was made in the year 2023, the impugned order has been passed in an arbitrary manner showing that work of the petitioner was not satisfactory. The petitioner has served for 11 years without any allegations or remarks, except for vague charges which arose from a complaint made against the warden of the Institution. He further submits that honorarium for the months of May, June, July, August, September, October 2024 has also not been paid. Learned counsel for respondent no.7 submits that the appointment was contractual in nature and renewal has been rejected in accordance with the relevant Government orders, wherein the work and conduct of the petitioner, who is nearly 54 years old, was not satisfactory. He further submits that on a contractual appointment, the petitioner cannot claim a right to continue in service. He further submits that in compliance with the order of this Court, a proper inquiry has been conducted and nothing wrong has been found in the Institution. The allegations as made in the complaint as moved by the petitioner were also not found to be correct. In view of the aforesaid discussion, no interference is called for. Needless to say, that in case the petitioner moves a representation before the authority concerned, ventilating all his grievances, within stipulated period, the same shall be considered and decided by the competent authority, sympathetically, in accordance with law, as expeditiously as possible. Accordingly, the writ petition is disposed of. Order Date :- 12.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad