Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38808 Court No. - 6 Case :- WRIT - A No. - 493 of 2025 Petitioner :- Vinita Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Nanhe Lal Tripathi, learned counsel for the petitioner and learned Additional Chief Standing Counsel.
2. The petitioner is a contractual appointee and has claimed that she has worked since 2013 on the post of Anshkalik Anudeshak and her contract was renewed on basis of satisfactory work till 31st May, 2024.
3. Learned counsel for the petitioner submits that her contract was not renewed for 2024-2025 and her work for the year 2023- 2024 was not satisfactory.
4. Learned counsel submits that there was a reason to put such comment since the petitioner has gone on an unpaid leave. He further submits that in terms of Government Order dated 31.1.2013, petitioner was required to put on notice of one month as well as she may be granted time to improve her work and refers sub-clause (3) of Clause 6 of aforesaid Government
Order dated 31.1.2013, which is reproduced hereinafter.
"6. अंशककाललिक अननुददेशककों कका ककाररककालि (1) xxx (2) xxx (3) लजिन अअंशककाललिक अननुददेशककों ककी सदेवकाएअं उपरनुक्त न पकाई जिकारदे उनकदे सम्बन्ध मम पतकावलिली पदेर सकाक्ष्र सहहित आकअं लिन हकरका जिकारदे। एककाएक सदेवका समकाप्त न ककी जिकारदेगली अहपतनु ऐसदे कमर्मी कको अपनली सदेवका मम सनुधकार लिकानदे कदे ललिरदे सनुझकाव / चदेतकावनली लजिलिकालधककारली ककी अननुमहत सदे लजिलिका बदेलसक हशकका अलधककारली दकारका ललिलखित रूप मम दली जिकारदेगली। रहद अननुददेशक ककी सदेवकाएअं अननुपरनुक्त पकारली जिकातली हिहै तको लजिलिकालधककारली कदे पपूवर अननुमकोदन सदे लजिलिका बदेलसक हशकका अलधककारली दकारका उसदे एक मकाहि कका नकोहटिस ददेकर सदेवकाओअं कको समकाप्त हकरका जिकारदेगका।"
5. Learned Additional Chief Standing Counsel submits that work of the
petitioner for period of 2023-2024 was not satisfactory and petitioner has no absolute right to renew her contract and there is no material that above referred reason was malafide or contrary to records.
6. I have considered the above submissions and perused the records.
7. It may be a case where petitioner's work was not found satisfactory for the year 2023-2024, however it appears that earlier for about 10 years, her work was found to be satisfactory, therefore her contract was renewed further.
8. I have perused the above referred Government Order and its relevant clause, though it has no statutory backup still considering that once a provision is made by State Government, they are bound to follow it. However in the present case it has not been followed. The procedure prescribed in above Government Order was completely bypassed.
9. In the aforesaid circumstances, petitioner be confronted if there is an adverse material against her and on basis of her reply, her request to renew her contract may be considered in a sympathetic manner and in case there is a scope of improvement, she may be allowed to improve her work since for a decade her work was satisfactory without any complaint.
10. With the aforesaid observation/direction, this Writ Petition is disposed of.
Order Date :- 18.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad