Petitioner sought contractual appointment but court found no vacancy data. No positive mandamus issued; matter relegated to District Health Committee for sympathetic consideration.
Matter relegated to Chairman, District Health Committee, Kushinagar for consideration of request for fresh contractual appointment.
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Court No. - 36
Case :- WRIT - A No. - 163 of 2020
Petitioner :- Hari Narayan Prasad Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pankaj Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
From the perusal of the record, it is evident that the petitioner was initially appointed on contractual basis on the post of Senior Tubercluosis Supervisor in the District Tuberculosis Control Committee, Kushinagar. On 28.10.2015, his contractual engagement had been brought to an end by the Chief Medical Officer Kushinagar on account of the fact that the petitioner was lodged in jail on 24.9.2015 in Case Crime no.1212 of 2015 under Sections 376/511, 323, 325, 452 I.P.C.
It is contended that the petitioner remained in jail for a period of about four years and he had been convicted by judgment and order dated 15.2.2019 for the offence under Sections 323 and 452 I.P.C. The submission is that the petitioner had served the period of sentence awarded by the trial court and, thereafter, he moved an application of re-engagement on contract basis on 30.3.2019.
The admitted fact of the matter is that the petitioner's contractual engagement had been brought to an end on account of being lodged in jail for a period of four years. The subsequent developments in the matter of contract appointment are not before the Court.
The prayer is to issue a direction to respondent no.2 to consider the claim of the petitioner for grant of contractual appointment on the post of Senior Tuberculosis Supervisor in the scheme which is known as 'Revised National Tuberculosis Control Program". It is not known as to whether someone is working on the said post and whether there is any vacancy existing.
For the said reason, no positive mandamus can be issued. However, the matter is relegated to the Chairman, District Health Committee, Kushinagar for consideration of request of the petitioner for fresh contractual appointment. In case, the petitioner moves an application within a period of three weeks along with the copy of this order, the respondent no.2, i.e. Chairman, District Health Committee, Kushinagar shall consider the same sympathetically considering the fact that the
petitioner has been acquitted under Sections 376/511, and 325 IPC and Section 18 of POCSO Act.
The writ petition is, accordingly, disposed of.
Order Date :- 8.2.2021 Harshita
1 issue framed by the court
Whether a positive mandamus can be issued to grant a contractual appointment when vacancy details are not available.
Hari Narayan Prasad
State Of U P
Chief Medical Officer Kushinagar
Chairman, District Health Committee, Kushinagar
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
