Amitabh Pandey (Dr.) vs State of U.P. and others

Satya Poot Mehrotra and Kashi Nath Pandey, JJ.—The present Writ Petition has been filed by the petitioner (Dr. Amitabh Pandey), interalia, praying for issuance of writ, order or direction commanding the respondents not to interfere in the functioning of the petitioner as Lecturer till a candidate regularly selected by the U.P. Higher Education Services Commission joins the post held by the petitioner, and to pay the petitioner his regular emoluments regularly every month.

By the Order dated 12.7.1999, the Writ Petition was admitted.

By a separate Order dated 12.7.1999 passed on the Stay Application, notice was directed to be issued to the respondents, and an interim order was granted in favour of the petitioner.

The said Order dated 12.7.1999 passed on the Stay Application is reproduced below:

"Issue notice to the respondents.

Meanwhile, it is provided that the petitioner will be allowed to work till the regularly selected candidates are appointed by the Higher Education Service Commission."

As per the averments made in the Writ Petition, the petitioner was selected for appointment on the post of Lecturer in History in Sri Gandhi Post Graduate College, Sidhauli, Sitapur on honorarium basis as per the Government dated 7.4.1998 (Annexure1 to the Writ Petition). The papers pertaining to the selection of the petitioner were forwarded to the Director of Education (Higher Education) for granting approval. The Director of Education (Higher Education), by the Order dated 19.9.1998 (Annexure2 to the Writ Petition), accorded approval to the selection of the petitioner.

On 21.9.1998, the Appointment Letter (Annexure3 to the Writ Petition) was issued to the petitioner wherein it was, interalia, stated that the appointment of the petitioner was to continue till 30.06.1999 or till the regularly selected teacher was available, whichever was earlier.

As the tenure of the petitioner was only up to 30.06.1999, the petitioner filed the present Writ Petition.

As noted above, by the Order dated 12.07.1999 passed on the Writ Petition, the Writ Petition was admitted, and by a separate Order dated 12.7.1999 passed on the Stay Application, interim order was granted in favour of the petitioner.

By the Order dated 6.1.2010, the learned counsel for the petitioner was granted time to obtain instructions in the matter.

Sri Rohit Upadhyaya, holding brief for Sri Ashok Khare states that despite communication having been sent to the petitioner, no instructions have so far been received by him. However, in the meantime, Sri Pankaj Saxena, learned Standing Counsel appearing for the respondent nos. 1 to 4 has obtained instructions in the matter.

Sri Pankaj Saxena, learned Standing Counsel has produced the instructions before the Court.

Let the instructions be placed on record.

As per the instructions received by Sri Pankaj Saxena, Dr. Amitabh Pandey (petitioner), who was appointed as Mandey Lecturer in History on 21.9.1998 in the aforesaid institution remained on the said post till 28.1.2000, and is presently not working in the said institution.

The instructions further state that thereafter, on 29.1.2000, Ravindra Kumar Singh who was regularly selected through the U.P. Higher Education Services Commission joined the said post, and is continuing since then in the aforesaid institution.

In view of the instructions received by Sri Pankaj Saxena, learned Standing Counsel, it is evident that the present Writ Petition has become infructuous, and the same is liable to be dismissed as such.

The Writ Petition is accordingly dismissed as having become infructuous.

Interim order dated 12.7.1999 stands vacated.