- (1.) Heard Sri V.P. Shukla, learned counsel for petitioner and Sri Rohan Gupta, Advocate for respondents.
(2.) Petitioner was admittedly appointed on contractual basis for five years vide appointment order dated 21.03.2013. Terms and conditions of order are contained in Annexure1 to writ petition and it clearly says that appointment is being made on the post of Finance Officer on contract basis for a period of five years renewable on mutually agreed terms from the date of joining. The letter of appointment was accepted by petitioner and he joined institution. Now when tenure appointment is going to expire this writ petition has been filed challenging order of appointment only to the extent, it has made appointment on tenure basis for a period of five years.
(3.) Once a letter of appointment has been accepted by petitioner it is not permissible to accept the same in piecemeal. Moreso, appointment was made in 2013 and it was not challenged at any point of time but after availing entire tenure of appointment now this writ petition has been filed in 2018. Learned counsel for petitioner placed reliance on Division Bench judgments of this Court in Rishi Kumar Vs. State of U.P., 2003 3 AWC 1770 and Chairman U.P. Cooperative Spinning Mills Federation Ltd. and another vs. Amar Nath Dwivedi and another, 2007 1 AWC 104.;