VINAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was engaged as Block Health Manager, initially in the year 2007, on contractual basis. It is his case that his term of engagement was extended from time to time. It appears that a fresh agreement was entered into on 10.08.2018 between the petitioner and the Civil Surgeon-cum-Secretary, District Health Society, Samastipur, for engaging the petitioner on contractual basis for a further period of three years. Clause 7 of the said agreement dated 10.08.2018 has been brought on record by way of Annexure-7/1 to the counter affidavit filed on behalf of respondent No.1, which is crucial for adjudication of the present controversy and is, therefore, being reproduced hereinbelow :-

(2.) Clause 10 of the said agreement provided that after expiry of the term of contract, the engagement shall be treated to have been terminated and no separate order would be required nor any notice would be needed to be issued for the said purpose.

(3.) In the present writ application, the petitioner has put to challenge a communication dated 25.07.2019 (Annexure-6) issued by the Civil Surgeon-cum-Secretary, District Health Society, Samastipur, whereby his contractual engagement has been terminated and apparently invoking Clause 7 of the agreement, as noted above, he has been paid one month's advance honorarium/salary.