IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4942 of 2008 Decided on: 28.10.2010. Durga Singh ….. Petitioner. Versus State of H.P.& anothers. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : None. For the respondents : Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. for respondents . Justice Kurian Joseph, C.J. (Oral): The petition has been filed with following prayers: “(i) That the respondents may be directed to permit the applicant to discharge the duties of lecturer in the subject of English at Govt. Sr. Secondary School, Rehan, District Kangra (H.P.) (ii) That the terms & conditions incorporated in the agreement dated 14th Oct., 1997 entered into between the applicant and the Respondent State, in Paras-1 & 4 whereby the tenure or service of the applicant has been confined upto 28.2.98 may be quashed and set aside.” 2. In reply, it is stated as follows: “1. That the services of the applicant are governed by the terms and conditions of the agreement. The applicant being on -2- contract basis, his services are liable to be terminated ipso facto on the last working day of academic session. It is pertinent to submit that contract appointment is made during the instructional work is in progress/start. 2. That the contract appointment of the applicant in the subject of English was necessitated because of delay in the finalizing of selection process. The exigencies of administration in such cases warrant stop gap arrangement in the interest of smooth functioning of an institution and to avoid adverse effect on studies. Therefore, applicant has o plausible cause of action to maintain the present application. 3. That the academic session came to an end on 28.2.1998 and there is no instructional work in the institution to accommodate the applicant. The case of the applicant shall be considered on merit on the start of academic session provided the post remains vacant and exigencies of administration so warrant.” 3. In case the petitioner still has any surviving grievance with regard to the factual legal position, it will be certainly open to him to approach the first respondent within a period of one month, in which case the said respondent will look into the matter and take appropriate action in accordance with law and justice and appropriate orders thereon shall be passed within another four months. -3- 4. With these observations, petition stands disposed of, so also the pending application(s), if any. ( Kurian Joseph), Chief Justice. (V.K. Sharma), Judge. October 28, 2010 (LSP/VT)