Allahabad High Court: The Bench of Ashwani Kumar Mishra, J. declared that employment cannot be denied to petitioner when it was previously extended to him on his merits multiple times.
This petition has been filed challenging the order of the Joint Director of Education which states the qualification for appointment to the post of part-time instructor that would be guided by the respondent as well as the letter of the Secretary of the Board. The petitioner through his counsel Jitendra Pal Singh Chauhan has contended that owing to the above-mentioned criteria he was being denied the concerned benefits. He stated that he was appointed in 1998 and has continued since then with continued extensions plus as per the rules his appointment shall operate prospectively. The respondent has contended that as his service term was fixed thus his claim shall not be accepted.
The Court was of the view that the appointment of petitioner cannot be treated to be a fresh appointment for the purposes of determining his qualification when his employment has been extended multiple times which shall be considered of him having the requisite qualifications. Thus the Court ordered that the required consideration be made. [Vineet Kumar Kaushik v. State of U.P., 2018 SCC OnLine All 3353, decided on 05-12-2018]
