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Allahabad High Court

SMT DEV PRABHA SHARMAversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The impugned order of non‑renewal cannot be interfered with.

Summary

The petitioner, Smt. Dev Prabha Sharma, a contractual Warden‑cum‑Teacher at Kasturba Gandhi Residential Girls School, Bareilly, challenged the non‑renewal of her 2025‑26 contract on the ground that no hearing was afforded before the adverse order. She argued that she had served continuously since 2009 with yearly renewals and no prior complaints. The respondents defended the order, citing the contractual nature of her appointment. The Court held that the order could not be interfered with, as there was no statutory requirement for a hearing before non‑renewal. However, the Court disposed of the writ petition with a direction that if she applies for a fresh contract for 2026‑27, the authorities may consider her long service and financial hardship.

Issues considered

  • Whether the non‑renewal of a contractual appointment without a prior hearing violates principles of natural justice

Subjects

  • contractual appointment
  • non‑renewal
  • natural justice
  • employment law
  • financial hardship
  • administrative order

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                 WRIT - A No. - 6638 of 2026

                                    Smt Dev Prabha Sharma
                                                                                                           .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 6 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                  :     Brij Raj, Sanjive Kumar Gupta
                                    Counsel for Respondent(s)                  :     C.S.C., Shivendra Kumar Singh

                                    Court No. - 32
                                                     HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Brij Raj, learned counsel for petitioner and Sri Shivendra Kumar Singh,

                                    Advocate for Respondents-2, 5, 6 and 7.


                                    2. Petitioner is admittedly a contractual appointee and she was working as a Warden-

                                    cum-Teacher with Kasturba Gandhi Residential Girls Schools, Bareilly. Her contract
                                    for the year 2025-26 is not renewed on various reasons that she was not diligent

                                    towards her duties.


                                    3. Learned counsel for petitioner fairly submits that there is no circular or provision

                                    that petitioner be heard before any adverse order is passed, however, he further

                                    submits that petitioner was working since 2009 and her contract was renewed on year-

                                    to-year basis without any complaint.


                                    4. Learned counsel appearing for respondents has supported the impugned order.


                                    5. I have considered aforesaid submissions and finds that impugned order cannot be

                                    interfered. However, the writ petition is disposed of with observation that in case

                                    petitioner applies for fresh contract for the year 2026-27 it may be considered by

                                    concerned respondent on basis of her past service since 2009 to 2025 as well as that

                                    she is suffering from financial constraint, therefore, a chance be given to improve her

                                    working.
                                    May 5, 2026
                                    AK
                                                                                         (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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