- (1.) BY this appeal, the appellant before us has impugned the judgment and order of the learned trial Judge dated 24th February, 2009, by which the petitioner's claim for continuation as part -time teacher, has been rejected and at the sometime, relief for not appointing any new part -time teacher in the school, in view of Government notification dated 27th April, 2007, has been refused.
(2.) UNDISPUTED fact of the case is that the writ petitioner/appellant was engaged on the basis of a contract, pursuant to a Government notification as a part -time teacher and she was duly selected in the selection process and there has been a written contract to work as part -time teacher and such period of contractual agreement was to come to an end in May, 2007. In the agreement there has been specific mention that she would not have any right to be absorbed nor to have any further extension, either by way of renewal or otherwise. The contract was signed by the parties keeping their eyes open and there is no challenge against the said contract. In the meantime, when the period of this contractual agreement was going to be over in anticipation a selection process was initiated for bringing fresh blood. The appellant/writ petitioner duly participated in the said selection process and she became unsuccessful. Before this contractual period was going to be over, fortuitously there has been a notification dated 27th April, 2007, whereby and whereunder it has been specifically mentioned that there shall not be any new part -time teacher but the existing part -time teacher will continue and also with an enhanced remuneration of Rs. 3,000/ - per men sem.
(3.) THE appellant/writ petitioner, basing on the aforesaid Government order has filed the writ petition for the aforesaid reliefs.;