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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Ravi Kumar, S/o Yadunandan Prasad – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. employment contracts and budget implications. (Para 4 , 5 , 6 , 8 , 9) |
| 2. state's responsibility as employer under outsourcing. (Para 10 , 11 , 12) |
| 3. validity of termination notices. (Para 14 , 16 , 17) |
| 4. contractual obligations and policy decisions. (Para 20 , 21) |
| 5. court’s conclusion on petition dismissal. (Para 22 , 23) |
JUDGMENT :
ANSHUMAN, J.
Initially, learned counsel for the petitioners submits that he is not emphasizing prayer No. (iii) of the writ petition and seeks permission to delete the said prayer during the course of the day.
2. Permission granted.
3. Heard learned Sr. Counsel for the petitioners, learned counsel for the State and learned counsel for the Mid Day Meal.
4. Learned Senior Counsel for the petitioners submits that the present writ petition has been filed to quash the letter dated 24.02.2025, issued by the Director, Mid Day Meal, wherein the Data Entry Operator-cum-Bihar Resource Person has been ordered to be terminated with effect from 31.03.2025, citing the reason of a shortage of budget. The petitioners further seek the quashing of the consequential order issued by the District Programme Officer, Mid Day Meal, Bihar, under Letter No. 491 date
The court affirmed that employment contracts dictate the terms of service termination, emphasizing that budgetary concerns justify cessation under established contractual frameworks.
Before mandamus can issue to a public servant it must therefore be shown that a duty towards the applicant has been imposed upon the public servant by statute so that he can be charged thereon, and i....
Guidelines lacking statutory force cannot retroactively invalidate prior appointments, and undue delay in seeking relief can bar claims.
The court ruled that participation in the recruitment process is essential to challenge appointments, and amendments to guidelines cannot confer rights retroactively if prior engagement under those g....
The termination of a service agency without notice and opportunity for explanation violates natural justice and established guidelines regarding procedural fairness.
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