LAWS(PAT)-2023-4-59

KANCHAN KUMAR MISHRA Vs. STATE OF BIHAR

Decided On April 19, 2023
Kanchan Kumar Mishra Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) We have heard Mr. Kanchan Kumar Mishra (in person) and Mr. S.D. Yadav, learned AAG-9.

(2.) The challenge in the present Letters Patent Appeal is to an order/judgment of the learned Single Judge dtd. 18/10/2022 passed in C.W.J.C. No. 14648 of 2018 whereby the claim of the appellant for his reinstatement and allowing him to continue to work as Health Manager on contractual basis has been turned down.

(3.) What has been culled out from the materials available on record and the order under challenge, it is an admitted fact that pursuant to an Advertisement dtd. 14/2/2007, the petitioner being found eligible participated in the process for selection of Health Manager on contract basis. The advertisement, inter alia, stipulated certain terms and conditions, including, the tenure of contractual engagement to be for a period of two years after entering into an agreement with the candidate and the same shall stand terminated automatically on completion of two years. The candidate was also compulsorily required to file an Indemnity Bond that he would not be claiming any permanence in future. It was made clear that the contract may be terminated after service of one month notice or payment of one month honorarium.