This appeal against the dismissal of a writ petition regarding an Assistant Teacher's claim to join duties after a long absence was dismissed due to inordinate delay and lack of explanation from the petitioner.
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Court No. - 39
Case :- SPECIAL APPEAL No. - 1720 of 2012
Appellant :- Anul Haq Ansari Respondent :- State Of U.P. And Others Counsel for Appellant :- Dr. Kuldeep Mishra,Manoj Kumar Singh Counsel for Respondent :- C.S.C.,Harandra Yadav
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The dismissal of the writ petition by judgment and order dated 31 August 2012 has led to the filing of this Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules.
The writ petition was filed in the year 2012 with an allegation that the petitioner had been appointed as an Assistant Teacher in a Primary School on 26 June 1995, but he was not permitted to join in the institution after June 2002. The learned Judge noticed that from June 2002, the writ petitioner had not performed his duties as an Assistant Teacher and though the writ petitioner had earlier made representation in 2003 and 2004, but after a gap of six years, made another representation on 25 February 2010. The petitioner had also in the application dated 15 January 2004 mentioned that he was ill in the month of July 2002 and thereafter he went to join but he was not permitted to join his duties. In the representation dated 25 February 2010, the writ petitioner mentioned that he went to the institution in December 2002, but he was not permitted to join his duties. In such circumstances, the writ petition was dismissed.
There is no explanation offered by the writ petitioner as to why he had filed the writ petition in 2012 with a prayer that the respondent should permit the petitioner to perform his duties as an Assistant Teacher in the Primary School when he had, even according to him, not been permitted to join since 2002.
In the counter affidavit, it has been mentioned that if the appellant remained absent continuously for five years, he shall be deemed to have vacated the post.
In any view of the matter, as the petition had been filed with inordinate delay without offering any explanation, the learned Judge rightly refused to entertain the writ petition.
The Special Appeal is, accordingly, dismissed.
Order Date :- 24.4.2018 Arvind
(Dilip Gupta, J.)
(Neeraj Tiwari, J.)
1 issue framed by the court
Whether the writ petitioner is entitled to be permitted to perform his duties after filing the writ petition with inordinate delay and without offering an explanation.
Anul Haq Ansari
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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