Created by Fuzzy Cloud

Allahabad High Court

SUSHILA KUMARI (CONTRACTUAL WARD AYA)versusSTATE OF U.P AND 4 OTHERS

Decided

Holding

The petition is not maintainable as it pertains to a contractual dispute between private entities, and the appeal is dismissed.

Summary

The appellant, Sushila Kumari, a contractual employee engaged by the private firm Avani Paridhi Energy and Communications Ltd., challenged her disengagement before the High Court of Allahabad. The single judge observed that the dispute was purely between private parties and that a contractual termination does not give rise to the petition filed. On appeal, the Division Bench affirmed that the petition was not maintainable as it concerned a private contractual dispute. The bench also noted that the remedies sought had already been addressed in paragraph 11 of the impugned order. Consequently, the appeal was dismissed for lack of merit.

Issues considered

  • Whether a petition filed by a contractual employee against a private employer is maintainable before the High Court.
  • Whether the disengagement of a contractual employee gives rise to the relief sought in the petition.

Subjects

  • contractual employee
  • maintainability
  • private entity
  • service law
  • appeal dismissed
  • High Court of Allahabad

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                         SPECIAL APPEAL No. - 459 of 2026

                                    Sushila Kumari (Contractual Ward Aya)
                                                                                                   .....Appellant(s)
                                                                         Versus

                                    State Of U.P And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Appellant(s)         : Khwaja Shamshad Ahmad, Sagheer
                                                                       Ahmad, Shyam Mohan Singh
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 3
                                                    HON'BLE SAUMITRA DAYAL SINGH, J.
                                                    HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Having heard Shri Khwaja Shamshad Ahmad, learned counsel for the
                                    original petitioner/appellant and Shri T.B. Pandey, learned counsel for the
                                    respondent, we find no error in the impugned order dated 25.02.2026 passed
                                    by learned single judge in Sushila Kumari vs State of U.P. and 4 Ors.,
                                    2026:AHC:42259. To the extent there is no dispute to the observation made
                                    by the learned single judge that the petitioner was a contractual employee
                                    engaged by the respondent Avani Paridhi Energy and Communications (P)
                                    Ltd., a wholly private entity, the disengagement of the petitioner by the said
                                    private entity may never give rise to the present petition. Being a contractual
                                    dispute, between private entities, the present petition is not maintainable.

                                    2. As to the remedies, learned single judge has already provided for the same
                                    by means of paragraph 11 of the order impugned.

                                    3. Accordingly, the appeal lacks merit and is dismissed.



                                                      (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    April 20, 2026
                                    Prakhar




Digitally signed by :-
PRAKHAR SRIVASTAVA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.