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2021 Supreme(All) 984

SURYA PRAKASH KESARWANI, VIKAS BUDHWAR
Prashant Shukla – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Surendra Prasad Sharma

JUDGMENT :

1. Heard Sri Surendra Prasad Sharma, learned counsel for the petitioner-appellant and learned Standing Counsel for the State-respondents.

Brief facts of the case

2. This special appeal has been filed challenging the order dated 9.8.2021 passed by learned Single Judge in Writ -A No.6652 of 2021 which is reproduced below:-

    “Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri Birendra Pratap Singh, learned Standing Counsel for the State respondents.

The contractual engagement of the petitioner has been brought to an end by the respondents. Quite apart from the reasons which have been taken into consideration, the principal question which arises is whether the Court should consider the grant of a prerogative writ consequent to the contractual appointment of the petitioner having been brought to an end. The Court in this regard bears in mind the principles enunciated by a Division Bench of the Court in Rajesh Bhardwaj Vs. Union of India [2019 (2) ADJ 830]. Undisputedly, the Court cannot by way of a writ command the respondents to either renew or perpetuate the contractual engagement of the petitioner. In any case and since it is not governed by any statutory rules

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