Tarun Agarwala, J. - (1.) The petitioner was issued an appointment letter dated 10.9.1986 on the post of a Watchman on a temporary basis subject to the condition, that in the event Sri Shambhu Nath Misra joins, the petitioner's term would come to an end. It transpires that Shambhu Nath Misra returned and joined his services on 6.5.1988. Consequently, the appointment of the petitioner on the post of Watchman came to an end. It further transpires that the Management issued another appointment letter dated 8.7.1988 appointing the petitioner to lookafter the cycle stand. It is alleged that the petitioner is continuing on this post till date. The petitioner alleged that from 1988 till the year 2001, several Class-IV posts fell vacant in which. the petitioner could be adjusted but the Management, for reasons best known, did not adjust or regularise the services of the petitioner. The petitioner further alleged that even today, two Class-IV posts are still lying vacant in which the petitioner could be absorbed. The stand taken by the petitioner is, that he is a retrenched employee and is liable to be absorbed under Section 16-EE of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act). Consequently, the petitioner has prayed that a writ of mandamus be issued to the Principal and the Management of the respondent Institution to forward his name for being appointment as a Class-IV employee against a vacant post.
(2.) On the other hand, the learned counsel for the respondent nos.3 and 4 submitted, that the petitioner was appointed on a temporary basis subject to certain conditions and was not holding a permanent post, therefore, the provisions of Section 16-EE of the Act are not applicable. Even otherwise, the petitioner did not make any application for absorption within the stipulated period under the said provisions and, therefore, was not entitled for any relief.
(3.) Heard Sri C.K.Parekh, the learned counsel for the petitioner, Smt. Sunita Agarwal, the learned counsel for respondent nos.3 and 4 and the learned Standing Counsel for respondent nos.l and 2.;