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DR. ASHOK KUMAR SRIVASTAVA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Dr. Ashok Kumar Srivastava v. State Of U.P. And Others - WRIT - A No. 45674 of 2006 [2006] RD-AH 14135 (23 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala, J.

Hon'ble V.C. Misra, J.

Following the judgment delivered by Calcutta High Court in the case of West Bengal Electronics Industries Developments Corporation Limited and others Vs. Dr. K.K. Chakraborty and others, reported in [2004 (101) FLR 1136 (Calcutta High Court)] in which the Division Bench has held that contract service cannot be governed by Article 311 of the Constitution of India nor any constitutional provisions seems to be violated in such case, the writ petition is not maintainable for such complement in terms of contract.

In this case, the petitioner's employment contract was for 3 years or 5 years. Since the 3 years have completed no discretion lies with the authority concerned. Once it is extended, the period cannot be curtailed, but since in the present case it has not been extended, we are bound by the aforesaid Judgment. Therefore, we cannot pass any order in favour of the petitioner. Thus, the writ petition is dismissed.  

No order is passed as to costs.

August 23, 2006

Hasnain


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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