SRI ANUJ KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 3 OTHERS
WRIA/6560/2025 · 2025-07-08
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143593 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143593 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38674 Court No. - 18 Case :- WRIT - A No. - 6560 of 2025 Petitioner :- Sri Anuj Kumar Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Medical Health And Family Welfare Lko. And 3 Others Counsel for Petitioner :- Arpan Prakash Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Supplementary affidavit filed today is taken on record. 3. Petition has been filed seeking a direction to concerned authority for renewal or grant of extension of services to petitioner on the post of Critical Care Technician at the 100 Bed Hospital Naya Gaon, Hardoi or in the alternative to decide his representation dated 28.04.2025. 4. Learned State Counsel at the very outset has raised a preliminary objection regarding maintainability of this petition and has adverted to annexure no. 2 to the writ petition, which is a letter of appointment of petitioner dated 12.05.2021. It has been submitted that petitioner by his own admission is an employee of the Basti Industrial Security Service, which is a private origination and had been given the contract for outsourcing of manpower due to which petitioner's name had been forwarded by the said origination and therefore, since petitioner is an employee of the private organization, petition is not maintainable. 5. Learned counsel for petitioner while admitting the fact has also submitted that petitioner's name which was forwarded has subsequently been approved by Chief Medical Officer, Hardoi and therefore, submits that it is only the Chief Medical Officer who can extend services of petitioner. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is quite evident that petitioner has clearly adverted to annexure no.2 to indicate his appointment as a Critical Care Technician. Annexure no.2 in fact is a letter of appointment dated 12.05.2021 issued by Basti Industrial Security Service which
has been indicated as a private organization. Petitioner's name appears to have been forwarded by the said organization to the Chief Medical Officer, Hardoi who has thereafter approved joining of petitioner by means of order brought on record as annexure no. SA-1 to the supplementary affidavit. 7.
Considering aforesaid facts, it is evident that petitioner is in fact an employee of a private organization and not the State Government and therefore, since the said organization does not come within the purview of Article 12 of the Constitution of India, the petition having been filed under Article 226 of the Constitution of India would not be maintainable. 8. Consequently, the petition fails and is dismissed granting liberty to petitioner to agitate his cause in the appropriate forum. Order Date :- 8.7.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench