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