ASSTT COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN AND ANOTHER Vs. DIWAKAR PRASAD
HIGH COURT OF UTTARAKHAND
Asstt Commissioner, Kendriya Vidyalaya Sangathan
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RAJEEV GUPTA, J. -
(1.)THE appellants have filed this Special Appeal against the impugned
judgment dated 0608 -2001 passed in Writ Petition NO.1 033 of 2001 (S/S).
(2.)RESPONDENT Diwakar Prasad Bhatt had filed the writ petition in the year 1991 before Allahabad High Court for the following reliefs:
"i) Issue any order or direction or writ in the nature of Mandamus commanding the respondent not to interfere with the working of the petitioner to his respective post.
ii) Issue any order or direction in the nature of Mandamus commanding the respondent to pay the petitioner his respective salary regularly from month to month.
iii) Issue any order or direction in the nature of Mandamus to direct the respondent to treat the petitioner in regular and continuous service till the regular candidate selected or joins the post.
iv) Issue any order or direction to direct the respondent to regularise the service of the petitioner to his respective post which he is holding.
-1 Any order of direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
vi) To award the costs of petition to the petitioner."
(3.)THUS , the petitioner, in substance, was seeking regularisation of his services with a further direction to the respondents to allow him
to continue on the post of Lower Division Clerk.
Petitioner Diwakar Prasad Bhatt was appointed as Lower Division Clerk vide order dated 14 -02 -1990 (Annexure NO.2 of the writ petition) in
KendriyaVidyalaya Sangathan for a limited period. The term of the
petitioner's appointment was extended from time to time, the last being
vide order dated 17 -08 -1991 for a period up to 21 -12 -1991. The
petitioner, apprehending that his services were not likely to be extended
further after 21 -12 -1991, filed the writ petition on 18 -12 -1991.
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