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PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Famina Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This Intra Court Appeal has been filed questioning the legality, propriety and correctness of the judgment of the learned Single Judge dated 29.3.2019 passed in Writ (A) No. 4359 of 2019 (Famina Singh v. State of U.P. and others) whereby the learned Single Judge has found no good ground to entertain the writ petition and dismissed the same as it related to termination of the contractual engagement relying upon the Division Bench decision rendered in Rajesh Bhardwaj v. Union of India, 2019(2) ADJ 830.
2. It has been vehemently contended by the learned counsel for the appellant that the decision rendered in the case of Rajesh Bhardwaj v. Union of India, relied upon by the learned Single Judge does not lay down the proposition of law that a writ petition at the instance of a contractual employee would not be maintainable and the learned Single Judge manifestly erred in law in non-suiting the writ petitioner/appellant on that score. Non renewal of a contractual appointment very much lies within the purview of writ jurisdiction under Article 226 of the Constitution of India. The writ petitioner though initially appointed on the post of Female Staff Nurse on contract basis
Contractual employees have no right to insist on the renewal of their contract and cannot claim any protection against termination after the contract period is over.
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
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 ....
A contractual employee’s termination does not violate natural justice if conducted per the established contractual terms without the requirement for a hearing.
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