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JAGDISH PRASAD SRIVASTAVA versus STATE OF U.P. THRU' SECY. HEALTH GOVT. OF U.P. LKW. & ORS.

High Court of Judicature at Allahabad

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Jagdish Prasad Srivastava v. State Of U.P. Thru' Secy. Health Govt. Of U.P. Lkw. & Ors. - WRIT - A No. 8847 of 2004 [2004] RD-AH 108 (1 March 2004)

 

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

                                                                                            Court no.21

Civil Misc. Writ Petition No. 8847 of 2004

Jagdish Prasad Srivastava                 Versus         State of U.P.and others

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner was appointed on contract basis on the post of Lab Technician by the Chief Medical Officer, Varanasi on 1.7.2000. He joined Primary Health Centre, Baragaon, District Varanasi. By the letter dated 31.3.2002  respondent no.2 informed that his contract has been terminated which was subsequently recalled  by an order dated  9.10.2002. The petitioner again joined on 12.10.2002 in pursuance of the order dated 9.10.2002.

The petitioner has come up before this Court by means of this writ petition  for payment of his all dues/wages/salary for the period 1.4.2002 to 7.8.2002.

From perusal of Annexure-1 it is evident that the services of the petitioner were on contract basis and were liable to be terminated at any time. He is not a government servant.

For the reasons stated above, this petition is not maintainable before this Court. Since the petitioner claims breach of contract, he may file a suit or take recourse to any other remedy available to him.

The petition is disposed of accordingly. No order as to cost.

Dated 1.3.2004

CPP/-


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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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