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2025 DAILYLAW 113355 (ALL)

JAY PRAKASH v. STATE OF U.P. AND 4 OTHERS

WRIA/20776/2024 · 2025-01-31

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14340 Court No. - 10 Case :- WRIT - A No. - 20776 of 2024 Petitioner :- Jay Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Shekhar Sharma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri C.S. Sharma, learned counsel for petitioner. 2. It is not disputed that petitioner was appointed on a post of Chaukidar in a self-financed scheme of Committee of Management of concerned college and he is aggrieved that now after 3 years of service, some other person has been appointed in his place. 3. An objection is raised by learned Standing Counsel that this writ petition is not maintainable. 4. I have considered above submissions and I am of opinion that this writ petition is not maintainable at behest of petitioner on a ground that not only it is an agreement between employer and employee under a self- financed scheme of Committee of Management of concerned college. Otherwise also, respondent Committee of Management is not a 'state' so far as claim of petitioner is concerned. No specific averment is raised in regard to malafide also. 5. Accordingly, this writ petition is dismissed being not maintainable. 6. However, this order will not come in the way if the petitioner has other legal remedies. Order Date :- 31.1.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad