MOHAMMAD LAKAMUDDIN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIA/5497/2025 · 2025-04-27
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48388 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48388 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:64662 Court No. - 7 Case :- WRIT - A No. - 5497 of 2025 Petitioner :- Mohammad Lakamuddin And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hari Om Ojha,Rishi Kant Rai Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State.
2. The writ petition is filed with the following prayer:
"i. Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 18.03.2025 passed by respondent no.2 Director General, Atal Awasiya Vidyalaya Samiti U.P. (annexure no.1). ii. Issue writ, order or direction in the nature of mandamus directing the respondents to continue the service of petitioners and provide honorarium to the petitioners for their entire service period according to the contract agreement, which will be expired after one year from the date of joining."
3. It is submitted by learned counsel for petitioners that petitioners were appointed as Teachers on contract basis for one year by the respondent-institution, however, services of petitioners has been dispensed with by the impugned order on the ground that petitioners have attained age of 65 years. Learned counsel for petitioners submits that the aforesaid is in-violation of contract between petitioners and respondent no.4.
4. On a query being made to learned counsel for petitioners as to how writ would lie for enforcement of contract when the petitioners are not covered by any service rules, learned counsel for petitioners could not offer any explanation and has only stated that present matter is covered as the respondent institution is exercising public duties.
5. It is to be seen that in the present matter it is admitted case of petitioners that petitioners were working on contract basis. Termination of contract of service would not entitle the petitioners to reinstatement although remedy of compensation for violation of contract is available. Learned counsel for petitioners has not been
able to show any law, which entitle the petitioners for enforcement of contract under the writ jurisdiction.
6. In view of above, the writ petition is not maintainable and is, accordingly, dismissed. Order Date :- 28.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad