Court No. - 33
Case :- WRIT - A No. - 5575 of 2021 Petitioner :- Kadambari Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Akshayavar Nath Pandey,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- A.S.G.I.,Hridai Narain Pandey,Rajesh Tripathi
Hon'ble Ashwani Kumar Mishra,J.
Controversy raised in the present writ petition has already been adjudicated by this Court in Writ Petition No. 29911 of 2012, decided on 28.1.2020.
Paragraph 20 of the aforesaid judgment reads as under:
"20. From the discussions, aforesaid, it is apparent that petitioners in respect of their employment offered by the privately managed unaided educational institution are subject to contract of personal service as per the common law rights and are not covered by any of the three exceptions noticed by the Apex Court in Executive Committee of Vaish Degree College (supra) which may justify a writ or direction by this Court to allow the petitioners to continue in the employment, in exercise of its writ jurisdiction. No writ, order or direction, therefore, is liable to be issued in favour of petitioners for enforcement of contract of personal service against the privately managed unaided educational institution. Writ petition lacks merit and is, accordingly, dismissed. No order is passed as to costs."
Special Appeal Defective No. 1033 of 2020 filed against the aforesaid judgment has also been dismissed vide following orders passed on 13.4.2021:-
"Precisely, the issue involved in this appeal is that whether learned single Bench is right while denying relief to the appellant-petitioner on the count that as per provisions of the Specific Relief Act, no specific performance of a service contract can be made.
The argument advanced by learned counsel is that learned single Bench after examining administrative and financial control over the respondent institution arrived at a conclusion that the same is an instrumentality of the State and as such amenable to writ jurisdiction.
On arriving such conclusion, the appellant-petitioner has acquired status and, therefore, a writ could have been issued for performance of the service contract. Several judgments have been cited by the appellant- petitioner but as a matter of fact none is having application in the instant matter.
Hon'ble Supreme Court in Executive Committee of Vaish Degree College, Shamli and others Vs. Lakshmi Narain and others reported in AIR 1976 SC 888 in quite unambiguous terms held that no declaration to enforce a contract of personal service will be granted. The only exceptions are the employees having status of civil servant, workman under Industrial Disputes Act or not any other labour legislation or where violation is in mandatory obligation under a statute. No such eventuality exists in the case in hand.
The case of the appellant petitioner as such does not fall in the exception category.
The appeal is dismissed being bereft of merit."
Since the controversy raised in the present writ petition is squarely concluded by the aforesaid two judgments, no relief can be granted to the writ petitioner who was employed in an unaided institution.
This writ petition is, accordingly, dismissed.
Order Date :- 27.7.2021 Ranjeet Sahu