Miss Shimoni Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8530 of 2016 ====================================================== Miss Shimoni Sinha Daughter of Dr. Ashok Kumar Sinha resident of House No. 69, Road No. 14, Shri Krishna Nagar, Patna 800001 ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secetary, Department of Education, Vikas Bhawan, Bailey Road, Patna.

2.

Mr. Dr. V. Mukund Das, the Chandragupta Institute of Management Institutional Area, Near Mithanpur Bus Stande, Patna-800001 3.

Mr. A.P. Devasia, the Chandragupta Institute of Management Institutional Area, Near Mithapur Bus Stand, Patna-800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prakash Sahay, Advocate For the Respondent/s :

Mr. Manoj Kr. Ambastha, SC-26 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 06-02-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for quashing the letter dated 21.04.2016 (Annexure-8) passed by the respondent no. 3 by which the service of the petitioner was terminated without giving any opportunity or without hearing to the petitioner.

3. Learned counsel for the petitioner submits that the petitioner was engaged as a Project Associate in the Institute on 1st June, 2011 and in the year 2016 the contractual engagement of the petitioner was terminated after the expiry of the period/term as mentioned in the contract letter dated 16.05.2011 which was time to time extended and ultimately expired on 31st March, 2016.

Patna High Court CWJC No.8530 of 2016 dt.06-02-2024 2/3

4. Learned counsel for the State referring the counter affidavit and draw the attention of the Court to the letter of appointment letter dated 16.05.2011 which is hereinbelow: Chandragupt Institute of Management Patna (An AICTE Approved Autonoous Institution funded by Government of Bihar ) _____________________________________________________________________________ Ref No. Dir-CIMP-88 Dated : 16.05.2011 "Dear Ms. Shimoni This has reference your application dated 16th May 2011 and the discussions/recommendations by faculty members, CIMP. Considering the fact that you are planning to pursue higher studies abroad and you need research experience for strengthening your candidature for higher studies, it is decided to engage you as project associate in the institute for a period of 3 months with effect from 1st June, 2011. During this period you will be paid a fixed amount of Rs. 20000/- as stipend.

During the tenure with the institute you will have to maintain the confidentiality of the information available in the institute and conform all the rules and regulations of CIMP. Thanking you Yours Sincerely (V. Mukunda Das) Director, CIMP.

To, Ms. Shimjoni Sinha D/o Dr. Ashok Kr. Sinha House No. 69 road No. 14, Srikrishna Nagar Patna- 800001"

Patna High Court CWJC No.8530 of 2016 dt.06-02-2024 3/3

5. Learned counsel for the State further submits that from perusal of the appointment of the petitioner it appears that the petitioner was appointed on contractual basis and her contractual term was extended time to time and lastly the contractual term was expired on 31.03.2016 and the respondent had rightly terminated the contract of the petitioner.

6. In view of the aforesaid, there is no merit in the writ petition. It is, accordingly, dismissed.

(Rajesh Kumar Verma, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12.02.2024 Transmission Date N.A.