NIBEDITA MUKHOPADHYAY Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2016-9-151
HIGH COURT OF ALLAHABAD
Decided on September 17,2016

Nibedita Mukhopadhyay Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

- (1.) Heard learned Counsels for parties and perused the record.
(2.) The writ petition is directed against appointment letter dated 03.04.2006 issued by Registrar, Chhatrapati Sahuji Maharaj University, Kanpur (hereinafter referred to as "University") appointing respondent-4 on contract basis as Lecturer (Biotechnology) which post was being held by petitioner since her initial appointment made on 09.10.2002, was continued thereafter by various orders and it is not in dispute that it continued upto 03.04.2006. The last appointment letter issued to petitioner dated 04.09.2004 clearly contain a condition in para 4 that after completion of tenure of appointment, petitioner's service shall be considered whether it is satisfactory or not and in case same is found satisfactory, it shall be extended. One year tenure pursuant to appointment letter dated 04.09.2004 completed on 03.09.2005 and thereafter it is said that it was extended and petitioner continued upto 03.04.2006 though no formal written order was communicated to petitioner. In the meantime, respondent-University proceeded to make fresh appointment by publishing an advertisement on 11.12.2005 inviting applications for appointment as Lecturer (Biotechnology). Pursuant to aforesaid advertisement, petitioner also applied and appeared before Selection Committee on 18.03.2006, but has not been selected. Thereafter he has filed present writ petition.
(3.) The grievance of petitioner is that on completion of tenure on 03.04.2006, University did not consider the matter of extension of petitioner on contract basis but in an arbitrary manner issued advertisement to make selection afresh and pursuant thereto respondent-4 has been appointed by means of impugned order, hence it is illegal.;


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