PRAVEEN KANT UPPADHYAY SRI KAILASH Vs. STATE OF U P
LAWS(ALL)-2006-5-232
HIGH COURT OF ALLAHABAD
Decided on May 24,2006

PRAVEEN KANT UPPADHYAY SRI KAILASH Appellant
VERSUS
STATE OF UTTAR PRADESHTHROUGH PRINCIPAL SECRETARY SPORTS GOVT. OF U.P., DIRECTOR/PRINCIPAL Respondents

JUDGEMENT

Tarun Agarwala, J. - (1.) This bunch of writ petitions raises similar questions, therefore is being decided together.
(2.) The petitioner Sri Praveen Kant Upadhyay, has filed Writ Petition No. 40447 of 2002 alleging that he was appointed as an Assistant Teacher by an order dated 2.9.2001, but was designated as a Guest Subject Expert. The appointment was made on a contract basis, on a fixed pay of Rs. 5000/- per month and for a limited period. It was alleged that the appointment was made with a legitimate expectation, that one day, the services of the petitioner would be regularised in the respondents college. The petitioner further alleged that his appointment was made against a substantive vacancy. It was also alleged that no Rules have been framed for regulating the service conditions of the teaching staff of the respondent college. The petitioner, therefore, prayed that having worked for two years on a substantive post, he was liable to be regularised in the service.
(3.) During the pendency of the aforesaid writ petition, it transpires that an advertisement dated 1.5.2003 was issued inviting applications for appointment on the posts of Assistant Teacher in Guru Govind Singh Sports College, Lucknow and Bir Bahadur Singh Sports College, Gorakhpur. The petitioner, Sri P.K. Upadhyay, therefore filed Civil Misc. Writ Petition No. 22493 of 2003 praying for the quashing of the advertisement dated 1.5.2003, on the ground, that having worked for more than two years on a substantive post, he was entitled to be regularised in the service.;


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