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2009 Supreme(SC) 407

S.B.SINHA, MUKUNDAKAM SHARMA
Man Singh – Appellant
Versus
Commissioner, Garhwal Mandal, Pauri – Respondent


Advocates appeared:
For the Appellants :R. Krishnamorthi, Mohan Pandey, Advocates.
For the Respondents:Abhay Prakash Sahay, Jatinder Kumar Bhatia, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Appellant had been appointed as a Peon on a short term vacancy from time to time for a fixed period. Such appointments were said to have been made on diverse dates, namely - on 9.5.1989, 20.9.2989, 4.12.1989, 2.2.1991, 2.3.1991, 29.6.1991, 27.8.1991, 11.12.1991, 1.1.1992, 31.3.1992, 26.8.1992, 5.3.1993, 2.8.1993, 28.9.1993, 4.12.1993, 4.1.1994, 23.5.1994, 6.9.1995, 6.11.1995 and 15.2.1996.

Names were called for from Employment Exchange in the year 1995. Appellant applied for the post of Peon which fell vacant in the District of Chamoli. A Selection Committee was constituted for selection of the candidates. Appellant is said to have appeared before the Selection Committee. The name of the appellant was placed at serial No.3 in the general category. However, on or about 29.5.1995, the name of the appellant was deleted and in his place the name of one Mohan Lal was inserted. Appellant’s services were terminated on 5.4.1996.

3. Aggrieved by and dissatisfied therewith, he filed a writ petition on or about 3.12.2002 before the High Court of Uttaranchal which by reason of the impugned judgment has been dismissed.

4. Mr. R. Krishnamorthi, lea

















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