The High Court dismissed a writ petition challenging the termination of the petitioner's fixed-term contract as a Company Secretary. Holding that no right accrues after term expiry, the Court rejected the belated relief.
Claim for continuation of appointment or reinstatement dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPSB No.524 of 2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. M.C. Pant, learned counsel for the petitioner. 2. Mr. G.S. Negi, learned Additional C.S.C. for the State. 3. Petitioner was appointed on contract as Company Secretary in Garhwal Mandal Vikas Nigam. His engagement was terminated vide order dated 28.11.2016, which is under challenge in this writ petition. Since petitioner’s engagement was on contract basis, that too for a fixed term, therefore, upon expiry of the term, he does not have any right or lien to continue on the post of Company Secretary. |
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| 4. This writ petition was filed in 2016. No interim order was passed in favour of the petitioner. Petitioner is thus out of employment since more than eight years. In such view of the matter, the relief as claimed cannot be granted at this belated stage. 5. The writ petition is accordingly dismissed. 6. No order as to costs. |
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| (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 05.06.2024 AK |
3 issues framed by the court
Whether the petitioner has a right to continue in the post after the expiry of his fixed-term contractual appointment.
Whether a writ petition filed after eight years of dismissal can be entertained in service matters.
Whether the claim for reinstatement or continuing appointment can be granted.
1 provisions across 1 enactments
Petitioner
State
Manoj Kumar Tiwari
Pankaj Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
