Robert James v. The Andaman And Nicobar Administration

25-06-2021 ct no. 13 Sl.1 sp High Court at Calcutta Civil Appellate Jurisdiction (Circuit Bench at Port Blair) WPA 177 of 2021 (Through Video Conference) Dr. Robert James -VersusThe Andaman and Nicobar Administration & Ors. Mr. Rakesh Pal Gobind ....for the petitioner Mr. Krishna Rao, ld. Govt. Pleader ...for the State-respondent The petitioner claims that he was appointed contractually by the respondent no. 3 to serve as a Doctor at ANIMERS, Port Blair. The original contract of employment expired in the first part of 2021. The last extension was for a period of one month which also expires today. The petitioner argues before this Court that his services are, in fact, required by the hospital since he was serving in the COVID Ward. He therefore submits that his contract of engagement ought to have been extended for a further period. The arguments of the petitioner cannot be accepted. No person can have an absolute right of extension of any contract after expiry of the contractual period. As to whether

the hospital requires the petitioner's service either in the COVID Ward or otherwise is a decision to be taken by the hospital and not the petitioner.

It is next argued by the counsel for the petitioner that the respondent no.5 has been promoted contrary to the Rules and it is to accommodate him that the petitioner's contract has not been extended.

This Court notes that there is no nexus or causal connection between the promotion of the respondent no. 5 and the non-extension of the petitioner's contract. The connection is far too remote far this Court to countenance under Article 226 of the Constitution of India.

For the reasons stated hereinabove, the instant writ petition fails and is hereby dismissed.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)