SHAMBHU NARAIN TRIPATHI Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-1988-4-112
HIGH COURT OF ALLAHABAD
Decided on April 01,1988

Shambhu Narain Tripathi Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

S.K. Dhaon, J. - (1.) Two grievances have been made in this petition they are:- (1) "the communication dated 28th December, 1987 sent by the Office Superintendent of the Nagar Mahapalika, Allahabad, to the petitioner stating therein that with effect from 31st October, 1987 his services stood terminated ; is illegal ; and (2) in any view of the matter, the petitioner having actually worked till 13th January, 1988, is entitled to be paid his salary etc. till that date."
(2.) So far as the first prayer is concerned, we are, on a perusal of the relevant papers including the letter of appointment of the petitioner, satisfied that the petitioner having been appointed on daily basis, acquires no right under the appointment letter. In the letter it was clearly recited that the petitioner was being appointed for a period of three months or till a regular selection had taken place, whichever event occurred earlier. It is true that the petitioner was allowed to continue even after three months. But this fact, in our opinion, does not confer any legal right on the petitioner so as to entitle him to assert that his services cannot be done away with on the footing that it was purely temporary.
(3.) So far as the second submission is concerned, the allegation is that the petitioner has not been paid any salary with effect from 1-11-1986. The aforementioned communication of the office superintendent dated 28th December, 1987 itself indicates that the petitioner's services stood terminated with effect from 31st October, 1987. In any view of the matter, the petitioner is entitled to be paid all his emoluments etc. till 31 October, 1987. However, we find that the petitioner has been in making representations to the Administrator of the Nagar Mahapalika, Allahabad. True copies of those representations have been filed as Annexures V and VI to the writ petition. They are dated 7th December, 1987 and 8th January, 1988. The Administrator of the Nagar Mahaplika shall dispose of those representations on merits and in accordance with law. He shall give a finding on the question as to whether the petitioner continued to work till 13th January, 1988, or he ceased to work on 31st October, 1987, or on any date between 31st October, 1987 and January 11, 1988. The Administrator shall determine the period for which the petitioner has worked and also the amount which should be paid to him. The Administrator shall give his decision within a period of one month from the date of service upon him of a certified copy of this order. With these directions the petition is disposed of. Decided accordingly.;


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