Special Police Establishment (Loyayukta) vs Shri L.B. Tiwari

Appellant has filed this appeal against the order dated 05.01.2010 passed in writ petition No.3537/1997.

Appellant was appointed on 14.09.1987 as Laboratory Assistant at Vikram Higher Secondary School Piplani, Bhopal. He was re-designated as Lower Division Teacher vide order dated 01.01.1997. Before that, in the month of May, 1993, the institution named as BHEl Shiksha Mandal invited applications for appointment to the post of Post Graduate Teacher (Physics). A written test was conducted and interview was also held. The appellant was placed at Sl No.2 in the select list. The person who was placed at Sl. No.1 was appointed as Post Graduate Teacher. He had worked for few weeks thereafter, he tendered his resignation. The appellant/petitioner who was placed at Sl. No.1 in the waiting list, was not appointed and one Rashmi Singh was appointed on adhoc basis for a period of six months. She was discontinued and thereafter, fresh incumbent was appointed. Grievance of the appellant/petitioner in the petition is that he was placed at Sl. No.1 in the waiting list hence, it was obligatory on the part of the Management to appoint the appellant. The Writ Court rejected the contention of the appellant on the ground that the respondents did not appoint any regular person from the wait list and they did not want to fill up the post of Post Graduate Teacher (Physics) hence, no relief could be granted to the appellant.

The question for consideration before this Court is that whether any relief be granted to the appellant looking to the facts and circumstances of the case. Subsequently the appellant faced selection, however, he was not selected and since then he has been working. The appellant was selected and placed at Sl. No.2 in the selection which was held in the year 1993, within a period of some weeks, the person who was placed at Sl. No.1 tendered resignation. It is a fact that no regular person was appointed after the adhoc person was appointed. However, since then the period of more than 15 years have lapsed.

Looking to the inordinate delay and lapse of time in our opinion, at this stage no direction can be issued in favour of the appellant for his appointment on the post of Post Graduate Teacher. Prima facie we are of the opinion that when a regular person who was placed at Sl. No.1 tendered resignation within few weeks, it was obligatory on the part of the Management to appoint the appellant, who was at Sl. No.2. but, since then 15 years period has been lapsed. Hence, at this stage, a writ of Mandamus could not be issued in favour of the appellant for his appointment on the post of Post Graduate Teacher (Physics) because we are not issuing any direction in favour of the appellant hence, it is not necessary to consider the point raised by the counsel for the respondents that whether a writ is maintainable against the Society or not.

Looking to the aforesaid facts of the case and lapse of time, in our opinion, at this stage this Court cannot grant relief in favour of the appellant to issue a direction for his appointment on the post of PGT. The appeal filed by the appellant has no merit hence, it is hereby dismissed. No order as to the costs.