ANOOP KUMAR PANDEY Vs. ASSTT. COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, LUCKNOW AND OTHERS
LAWS(ALL)-1996-10-135
HIGH COURT OF ALLAHABAD
Decided on October 03,1996

ANOOP KUMAR PANDEY Appellant
VERSUS
Asstt. Commissioner, Kendriya Vidyalaya Sangathan, Lucknow And Others Respondents

JUDGEMENT

M. Katju, J. - (1.) Heard learned Counsel for the parties.
(2.) A perusal of the order dated 17-6-91, Annexure-10 to the writ petition, shows that the petitioner's appointment was purely temporary and an adhoc basis and was terminable at any time. This Court in Special Appeal No. 506 of 1993, Assistant Commissioner, Kendriya Vidyalaya Sangthan and others v. Monish, decided on 29-4-94 and in another Special Appeal No. 240 of 1994, Assistant Commissioner, Kendriya Vidyalaya Sangthan v. Brijesh Chand Misra and others, decided on 25-3-94 has held that if the regular incumbent has come to occupy the post, the petitioner cannot be continued.
(3.) Hence there is no force in the writ petition. It is dismissed, accordingly. However, I direct the respondent that for the period for which the petitioner actually worked, he will be paid salary within two months from the date of the production of certified copy of this order before the respondent No. 1. Petition dismissed.;


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