Rina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1323 of 2019 In Civil Writ Jurisdiction Case No.10186 of 2019 ====================================================== Rina Kumari Daughter of Chhote Lal Gupta Resident of Mohalla- Care Niranjan Medical Hall, M.P. Bagh, C.K. Road, Ara, P.O.- Ara (Town), P.S.- Ara (Town), District- Bhojpur (Bihar).

... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Industry Department, Government of Bihar, Patna.

2.

The Development Commissioner, Government of Bihar, Patna. 3.

The Bihar State Financial Corporation, Fraser Road, Patna through its Managing Director.

4.

The Managing Director, Bihar State Financial Corporation, Fraser Road, Patna.

5.

The Deputy Manager (P and A), Bihar State Financial Corporation, Fraser Road, Patna.

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

For the Appellant/s :

Mr.Amaresh Kumar Sinha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-05-2024 The appellant has assailed the order of learned Single Judge dated 05.09.2019 passed in C.W.J.C. No. 10186 of 2019. Appellant was stated to have been appointed on contract basis and her services were dispensed before the tenure. Learned Single Judge has proceeded to dismiss the petition. Hence, the present L.P.A.

Patna High Court L.P.A No.1323 of 2019 dt.08-05-2024 2/2

2. Learned counsel for the appellant has not made out a case to the extent that appellant has vested right over the post with reference to initial appointment on contract basis. Hon'ble Supreme Court in the case of Ganesh Digamber Jambhrunkar & Ors. Vs State of Maharashtra & Ors. reported in 2023 Live Law (SC) 801 held that contract employee has no vested or legal right to continue to hold the post if the post governed by Article 14 and 16 read with Article 309 of the Constitution. Therefore, the appellant has not made a case so as to interfere with order of the learned Single Judge order dated 05.09.2019 passed in C.W.J.C. No. 10186 of 2019.

3. With the above observation, the present L.P.A. No. 1323 of 2019 stands dismissed.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) alok/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 15.05.2024.

Transmission Date N.A.