SPA No. 50 of 2011 With Delay Cond. App. 1874 / 11 Hon. Prafulla C. Pant, J. Hon. V. K. Bist, J. Ms. Neelima Mishra, Advocate, present for the appellant. Mr. Lalit Sharma, Brief Holder, present for the State. Heard. Delay Condonation Application No. 1874 of 2011 is allowed. Delay in filing the appeal is condoned. Perused the impugned order dated 3rd of January 2011, passed by learned Single Judge of this court, in Writ Petition No. 846 of 2009 (S/S), and considered the submissions of learned counsel for the appellant. Having considered submissions of learned counsel for the appellant, and after going through the impugned order, we are of the view that the impugned order suffers from no illegality, as the appellant had no right of continuance in service. His appointment was for a fixed period. The respondents have considered the case of the writ petitioner in compliance of the Allahabad High Court’s order dated 04.08.1997, passed in Writ Petition No. 12840 of 1990, and since there was no vacancy and the project in which the petitioner / appellant was working, declared surplus, as such it was not possible for the Government to give fresh appointment to the writ petitioner / appellant. Therefore, the appeal is dismissed summarily. (V.K. Bist, J.) (Prafulla C. Pant, J.) 02.05.2011 HN