FAMINA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Intra Court Appeal has been filed questioning the legality, propriety and correctness of the judgment of the learned Single Judge dtd. 29/3/2019 passed in Writ (A) No.4359 of 2019 (Famina Singh Vs. State of U.P. and 2 others) whereby the learned Single Judge has found no good ground to entertain the writ petition and dismissed the same as it related to termination of the contractual engagement relying upon the Division Bench decision rendered in Rajesh Bhardwaj Vs. Union of India, reported in 2019 (2) ADJ 830.

(2.) It has been vehemently contended by the learned counsel for the appellant that the decision rendered in the case of Rajesh Bhardwaj Vs. Union of India, relied upon by the learned Single Judge does not lay down the proposition of law that a writ petition at the instance of a contractual employee would not be maintainable and the learned Single Judge manifestly erred in law in non-suiting the writ petitioner/appellant on that score. Non renewal of a contractual appointment very much lies within the purview of writ jurisdiction under Article 226 of the Constitution of India. The writ petitioner though initially appointed on the post of Female Staff Nurse on contract basis vide order dtd. 15/4/2015 had been working continuously without break in service under orders of extension being passed from time to time. Vide order dtd. 12/3/2018 the Respondent No.3 issued a notice to the petitioner that her services will be terminated after giving one month payment. Against the termination notice issued by the Respondent No.3, the petitioner filed a writ petition being Civil Misc. Writ Petition No.8457 of 2018, which was disposed of with a direction to the petitioner to approach the respondent authority for redressal of her grievances. In pursuance of the order passed in the writ petition, the petitioner filed a detailed representation on 2/4/2018 before the respondent authority which was rejected vide order dtd. 10/5/2018. After rejection of his representation the petitioner again filed a writ petition being Writ Petition No.4359 of 2019 which was dismissed vide order dtd. 29/3/2019.

(3.) We have heard the learned counsel for the petitioner/appellant and the learned Standing Counsel for the State respondents and have perused the record.