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Amar Jeet Vs State of U.P. and 3 Others — Allahabad HC (2022) — LawSathi Research

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Allahabad HC
2022
Amar Jeet Vs State of U.P. and 3 OthersAmar Jeet v. State of U.P. and 3 Others

Dismissed¶12

Amar Jeet v. State of U.P. and 3 Others

Allahabad HC25 May 2022WRIA/7614/2022

Case brief

AI extract

What is this about?

Allahabad High Court, Rajeev Misra J., WRIT - A No. 7614 of 2022, order dated 25.5.2022. Termination of engagement as District Consultant under National Health Mission (Rural) Programme by District Panchayat Raj Officer, Sonbhadra. Writ petition dismissed as not maintainable: petitioner engaged by private contractor M/S Raj Industrial Security Services Pvt. Ltd., Lucknow, not a State Government employee; remedy lies before Labour Court. Stigma and natural-justice arguments raised but left unadjudicated. No precedents or statutory provisions cited.

What did the court decide?

The writ petition is not maintainable before this Court: the petitioner is neither an employee of the State Government nor was he engaged by any department of State Government under the order of an Officer of State Government (he was engaged by a private company, M/S Raj Industrial Security Services Pvt. Ltd., Lucknow, per the State's contention recorded in para 8).

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the writ petition challenging termination of the petitioner's engagement as District Consultant is maintainable, the petitioner being allegedly neither an employee of the State Government nor engaged by any department of the State Government. +1 more

Court's answer

The writ petition is not maintainable before this Court: the petitioner is neither an employee of the State Government nor was he engaged by any department of State Government under the order of an Officer of State Government (he was engaged by a private company, M/S Raj Industrial Security Services Pvt. Ltd., Lucknow, per the State's contention recorded in para 8).

Ratio / Principle

The remedy of the petitioner in respect of the termination of his engagement lies before the Labour Court, not before this Court in writ jurisdiction.

Detailed headnote1 paragraphs

WRIT - A No. 7614 of 2022 (High Court of Judicature at Allahabad, Rajeev Misra, J., decided 25.5.2022) — Challenge to order dated 8.4.2022 of respondent 4, District Panchayat Raj Officer, Sonbhadra, terminating the petitioner's engagement as District Consultant under the National Health Mission (Rural) Programme. Petitioner contended the order was stigmatic and passed without notice or opportunity of hearing. State contended the petitioner was engaged by a private company (M/S Raj Industrial Security Services Pvt. Ltd., Lucknow), was not a State Government employee, and the State's service rules did not apply. Held, dismissing the writ petition: the petitioner is neither an employee of the State Government nor was he engaged by any department of State Government under the order of an Officer of State Government; the writ petition is not maintainable and the petitioner's remedy lies before the Labour Court. The stigma/natural-justice contention was not adjudicated.

A

Court No. - 34

Case :- WRIT - A No. - 7614 of 2022

Petitioner :- Amar Jeet Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- C.S.C.

Hon'ble Rajeev Misra,J.

Heard Mr. Kartikeya Sarna, learned counsel for petitioner and learned Standing Counsel representing respondents 1 to 4.

Challenge in this writ petition is to the order dated 8.4.2022 passed by respondent 4 District Panchayat Raj Officer, Sonbhadra, whereby engagement of the petitioner on the post of District Consultant in the Office of respondent 4 District Panchayat Raj Officer, Sonbhadra under the National Health Mission (Rural) Programme has been terminated.

Learned counsel for petitioner contends that order impugned in the present writ petition is stigmatic and therefore casts a stigma upon the petitioner thereby affecting his future employment. Same has been passed without giving any notice or opportunity of hearing to the petitioner resulting in serious prejudice to the petitioner. As such, order impugned in present writ petition is liable to be quashed.

Learned Standing Counsel representing respondents 1 to 4 has opposed the present writ petition. Learned Standing Counsel contends that petitioner is not an employee of the State Government nor he has been taken into service on contract basis by any department of State Government. Petitioner was engaged by a private company namely M/S Raj Industrial Security Services Pvt. Ltd., Lucknow. Respondent has taken a decision not to continue the services of the petitioner. A such, no illegality can be attached to the order impugned. The Rules and Regulations framed by State Government regarding the services of it's employees are not applicable to the petitioner.

In view of above, the writ petition itself is not maintainable.

Having heard learned counsel for petitioner and learned Standing Counsel representing respondents and upon perusal of record, this Court is of the view that the writ petition filed by petitioner is not maintainable before this Court. Petitioner is neither an employee of the State Government nor was he engaged by any department of State Government under the order of an Officer of State Government. Remedy of the petitioner lies before the Labour Court.

In view of above, the writ petition is fails and is liable to be dismissed.

It is, accordingly, dismissed.

Order Date :- 25.5.2022 HSM

Digitally signed by HARI SHANKER MISHRA Date: 2022.05.25 18:04:39 IST Reason: Location: High Court of Judicature at Allahabad

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the writ petition challenging termination of the petitioner's engagement as District Consultant is maintainable, the petitioner being allegedly neither an employee of the State Government nor engaged by any department of the State Government.¶9
The court held
The writ petition is not maintainable before this Court: the petitioner is neither an employee of the State Government nor was he engaged by any department of State Government under the order of an Officer of State Government (he was engaged by a private company, M/S Raj Industrial Security Services Pvt. Ltd., Lucknow, per the State's contention recorded in para 8).ratio¶10
2.
Whether the termination order is stigmatic and invalid for want of notice and opportunity of hearing (contention raised by the petitioner but not adjudicated, the writ petition having been dismissed on maintainability alone).medium confidence¶7

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 8.4.2022 of respondent 4, District Panchayat Raj Officer, Sonbhadra, terminating the petitioner's engagement on the post of District Consultant in his office under the National Health Mission (Rural) Programme¶6
District Panchayat Raj Officer, Sonbhadra (respondent 4) · 8.4.2022

Parties & counsel

AI extract

petitioner
Amar Jeet¶3
Kartikeya Saran
respondent
State Of U.P. And 3 Others¶3
C.S.C.

Coram

AI extract

Rajeev Misraauthor¶4

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 25 May 2022 · May
Registered: 17 May 2022
Case no.: WRIA/7614/2022
CNR: UPHC010830842022
Bench: Rajeev Misra
Disposal: Dismissed on merits
Case type: WRIT - A

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Cite this judgement

Amar Jeet v. State of U.P. and 3 Others, WRIA/7614/2022 (ALL), decided on 25 May 2022.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history1

Order dated 8.4.2022 of respondent 4, District Panchayat Raj Officer, Sonbhadra, terminating the petitioner's engagement on the post of District Consultant in his office under the National Health Mission (Rural) ProgrammeDistrict Panchayat Raj Officer, Sonbhadra (respondent 4) · 8.4.2022

View full history

Bench / Coram

Rajeev Misra

Parties & counsel