A contractual health-sector employee challenged termination before the expiry of his alleged eleven-month tenure. The Division Bench found no proof of the stated tenure on record and noted the writ petition was filed only in 2021, after the contractual period had expired. No ground for restoration was found and the appeal was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.147 of 2022 In
Civil Writ Jurisdiction Case No.8083 of 2021
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Vishal Ranjan S/o Shri Ranjan Prabhat, resident of Maa Sai Niwash, behind Sadanichak Middle School, Khaira Toli, Road No. - 1, P.O. - Mittan Chak, P.S. - Parsa, District - Patna.
... ... Appellant/s
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shri Prakash Srivastava, Advocate For the Respondent/s : Mr. S. D. Yadav (AAG-9)
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-10-2024
The appellant is before us aggrieved by the judgment of the learned Single Judge, which refused to interfere with the severance of service on the ground that it was a contractual appointment that too for a specific period.
Patna High Court L.P.A No.147 of 2022 dt.03-10-2024 2/2
he was appointed for an eleven month tenure and though he submitted his joining on 05.08.2019, he stood terminated on 22.05.2020, without any show-cause notice and that too within the period of his tenure.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
avinash/-
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| Uploading Date | 05.10.2024 |
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1 issue framed by the court
Whether a contractual employee terminated within his stated tenure without notice could obtain reinstatement after the tenure had expired.
Vishal Ranjan
The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna
The Principal Secretary, Department of Health, Govt. of Bihar
The Principal Secretary, Cabinet Secretariat Department, Govt. of Bihar
The Development Commissioner, Bihar
The District Magistrate, Katihar
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
