Court No. - 39
Case :- WRIT - A No. - 16054 of 2018 Petitioner :- Dr. Gautam Porwal Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ganesh Shankar Dubey,Nishant Mehrotra,Radhey Shyam Singh Counsel for Respondent :- A.S.G.I.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Nishant Mehrotra, learned counsel for the petitioner and Sri Om Prakash Yadav, learned counsel who has filed his Parcha today on behalf of the respondent no. 1.
The petitioner in the writ petition is seeking a direction to the respondents to allow him to continue to work as Homoeopathic Doctor at Jhansi, Cantonment Board, Jhansi.
According to the petitioner he was appointed as Homoeopathic Doctor on contract basis on the execution of a contract agreement dated 28.8.2012, Page-14 of the writ petition and his contract was for the period from 1.9.2012 to 31.8.2013. Thereafter, by an order dated 29.5.2013, Annexure- 2 to the writ petition, his period of contract was extended till further orders. The contention of the petitioner is that from 11.7.2018 he is not being allowed to work. According to him he was given an order dated 11.6.2018, addressed to M/s Shri Gusai Enterprises, 15, New Tulasi Vihar Colony, Seva Nagar, Gwaliar (M.P.) which appears to be a service provider, whose contract has been terminated on coming to an end of the contract period w.e.f. 15.6.2018.
The contention of the petitioner is that the contract was signed between him and the respondent Department directly and not through any service provider such as M/s Shri Gusai Enterprises.
In respect of his grievance the petitioner is stated to have preferred a representation before the respondent no. 2, C.E.O., Jhansi Cantonment Board, Jhansi on 13.7.2018, by registered post of the same date, copy of which has been filed as Annexure-6 to the writ petition.
No useful purpose would be served in keeping the petition pending.
The writ petition is disposed of with a direction to the respondent no. 2, C.E.O., Jhansi Cantonment Board, Jhansi to decide the petitioner's representation dated 13.7.2018, Annexure- 6 to the writ petition in accordance with law within a period of one month from the date of receipt of a certified copy of this order in his office.
It is made clear that the court has not adjudicated the claim of the petitioner on merit.
Order Date :- 26.7.2018 Vandana