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2006 Supreme(All) 1561

S.RAFAT ALAM, SUDHIR AGARWAL
AMAR NATH TIWARI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

By the Court—In the instant petition the petitioner has prayed for commanding the respondents to treat him in service; even beyond the session 2005-06 and continue to pay salary until regular selected candidate is received from the Commission.

We have heard learned Counsel for the petitioner and also perused the writ petition. Admittedly the petitioner was appointed on honorarium basis with clear stipulation that he shall continue till the end of session or till the recommendation from the Commission whichever is earlier. Therefore, the petitioner having accepted the term and conditions mentioned in the letter of appointment, cannot now claim that he should be allowed to continue till the recommendation is received from the Commission for regular appointment.

2. A perusal of the appointment letter dated 1.12.2005 (Annexure-2) shows without any doubt that the appointment was made time bound i.e. upto end of the session or till regularly selected teacher is available whichever is earlier. It is not disputed that the session for which the petitioner was appointed is come to an end on 30.6.2006 and therefore, pursuant to the aforesaid order the petitioner may continue to work











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