High CourtsSingle Bench(2001) 11 AHC CK 0059

Pradeep Kumar vs Kendriya Vidyalaya Sangathan, New Delhi and Another

Allahabad High Court · Decided on 30 November 2001 · Citation: (2002) 1 AWC 255 : (2002) 92 FLR 785 : (2002) 1 UPLBEC 719

HON’BLE JUDGES
Anjani Kumar, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 35856 of 2001

AI Structured Summary

Not yet generated for this judgment

Judgment

4 paragraphs · 213 words

Anjani Kumar, J.—Heard learned counsel appearing on behalf of the petitioner and Sri Vinod Swaroop, learned counsel representing the respondents.

2.

Petitioner by means of this writ petition has prayed for issuance of a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner for working as computer teacher in the institution and pay salary according to the term and condition of the appointment letter dated 16.9.2000, Annexure-1 to the writ petition. The clause (3) of the aforesaid appointment letter dated 16.9.2000 is reproduced below :

"(3) it is abundantly made clear that the assignment is purely of day-to-day nature and confers no right of appointment or your placement in the cadre of teachers. Your service will be utilised on the day-to-day basis depending upon the need and payment, therefore, will be made accordingly."

3.

A perusal of the appointment letter dated 16.9.2000 particularly clause (3), referred to above, demonstrates that petitioner''s appointment was purely contractual appointment on day-to-day basis and was liable to be terminated at any time and it will not confer any right upon the petitioner. In these circumstances, the mandamus prayed for by the learned counsel for the petitioner cannot be granted. The writ petition being devoid of any merit is accordingly dismissed.