JAI PRAKASH MANI Vs. D D U UNI GORAKHPUR THROUGH ITS VICE CHANCELLOR &
LAWS(ALL)-2018-4-194
HIGH COURT OF ALLAHABAD
Decided on April 05,2018

Jai Prakash Mani Appellant
VERSUS
D D U Uni Gorakhpur Through Its Vice Chancellor And Respondents

JUDGEMENT

Surya Prakash Kesarwani, J. - (1.) This writ petition has been filed praying for regularization. A counter affidavit was filed by the respondents on 30.08.2001 after serving a copy thereof upon the counsel for the petitioner. No rejoinder affidavit has been filed as yet although about 17 years have passed. Under the circumstances, the contents of the counter affidavit are liable to be treated as correct. In paragraph-10 of the counter affidavit, it has been stated that the petitioner was engaged as daily wager security guard for the period from 16.11.1988 to 15.01.1989 in the the respondent institution. Subsequently he was further engaged and lastly his engagement came to an end on 20.05.1992. The petitioner has earlier filed a Writ Petition No.29747 of 1992 (Harish Chandra and others vs. State of U.P. and others) which was dismissed by this Court by order dated 27.05.1999. In the said writ petition, the petitioner was the petitioner No.2. In paragraph-13 of the counter affidavit, it has been stated that there is no post of security guard in the University. The petitioner is not working in the University after 21.05.1992 and, therefore, the petitioner cannot be absorbed in terms of the Government Order dated 26.12.1998. In paragraph-15 of the counter affidavit, it has been stated that the advertisement dated 12.07.2000 was with respect of 15 posts of Lab Bearer which was required to be filled up in accordance with law on the basis of recommendation of the selection committee. The petitioner has completely failed to make out a case for his appointment as a regular class-IV employee.
(2.) In view of the aforesaid, the writ petition is dismissed.;


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