Patna High Court dismissed a writ petition filed by a contractual government employee seeking enforcement of her appointment. The court held that no case for mandamus was made out, noting other remedies exist. The application was dismissed with observations. No substantive issue was decided on merits of her engagement.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3542 of 2015
=========================================================== 1. Upashna Kumari D/o Sahja Nand Singh R/o vill. - Amraur, P.S. Mufasil (Singhaul ) Under sub - Division - Begusarai in the District of Begusarai
.... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Health, Patna Bihar
.... .... Respondent/s
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 12-03-2015 *************** 12.03.2015 Heard learned counsel for the parties. Petitioner was a contractual appointee. In terms of the contract, she has been given one month’s pay in lieu of notice and contract terminated.
No case for mandamus is made out, however, petitioner may have remedy under common law by filing a suit for damages or whatever it may be. No writ can be issued for her engagement.
Writ application is dismissed with observation
as above.
(Ajay Kumar Tripathi, J.) SKM/- U
Patna High Court CWJC No.3542 of 2015 dt.12-03-2015
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1 issue framed by the court
Whether a writ petition lies for enforcement of a notice of termination against contractual government employees.
Upashna Kumari
The State of Bihar through the Principal Secretary, Department of Health
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
