Dr. Satyapal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 89 of 2019 • Dr. Satyapal Singh S/o Dr. Lallan Singh, Aged About 33 Years R/o Brijesh Bhawan, Magadh Nagar, Ring Road No. 02, Bilaspur, District Bilaspur (C.G.) ---- Appellant

Versus

1. State of Chhattisgarh, Through Secretary, Health Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. Collector Surajpur, District Surajpur Chhattisgarh.

3. Chief Medical And Health Officer Surajpur, District Surajpur Chhattisgarh. ---- Respondents _____________________________________________________________________ For Appellant :

Shri Raghvendra Pradhan, Advocate For Respondents/State :

Shri Faiz Kazi, Panel Lawyer ______________________________________________________________________ Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per, Ajay Kumar Tripathi, Chief Justice 07.02.2019 1.

Admittedly, the appointment of the Petitioner as a Dental Surgeon was on contract for a period of one year. Even before the completion of a period of one year, the contract was terminated. It is the case of the appellant that the purported reason given was that the Respondents do not have resources or funds to meet the expenses which according to the Appellant was only an eyewash because yet another advertisement subsequently has been issued for the same set of post.

2.

The learned Single Judge refused to interfere either with the order of termination which was not challenged initially or with the advertisement keeping in mind that it was a contractual engagement.

3.

We are not satisfied that the learned Single Judge committed any error in dismissing the writ application vide his order dated 28.01.2019 for the reason that if the Appellant is aggrieved by the order of termination of the contract, he

has common law remedy. Writ Court will not give any direction for his continuance.

4.

Appeal has no merit. It is dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Chandra