Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Irfan Ali S/o Shri Ishahak Ali – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
1. These two writ petitions are connected with each other, therefore we are deciding these writ petitions with common order.
2. Earlier writ petition No.19597/2023 is filed by petitioner Irfan Ali and on 07.12.2023 an interim order is passed in favour of the petitioner, restraining respondents from taking any coercive action against the petitioner. During pendency of said writ petition, the services of petitioner were terminated on 08.02.2025 and subsequent writ petition No.2925/2025 is filed.
3. Writ Petition No.2925/2025 is filed with following prayer:
i) the impugned order dated 08.02.2025 issued by respondents by virtue of which services of the petitioner has been terminated from the post of Computer Operator w.e.f. 08.02.2025 may kindly be declared illegal and arbitrary;
ii) by issuing the writ of mandamus, order or direction in the nature thereof the respondents may be directed:
a) to consider the applications dated 07.01.2025, 16.01.2025 and 30.01.2025 submitted by the petitioner before the respondent authorities;
b) to allow the petitioner to render his service on the post of Computer Operator with all consequential benefits;
c) to regularise the service
The main legal point established in the judgment is that the respondents must act fairly and justly, conduct a fair inquiry, and adhere to the principles of fair-play, good conscience, and natural ju....
Court in exercise of its extraordinary, equitable and discretionary jurisdiction under Article 226 of the Constitution of India has no power to re-write contract or to compel the State to enter into ....
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
Judicial review cannot extend to altering the terms of a contract post-expiry, and the principles of natural justice were upheld in the termination process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
