Allahabad High Court
VIPIN KUMAR RATHOREversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is not maintainable and is dismissed as not pressed with liberty.
Summary
Vipin Kumar Rathore filed a writ petition seeking to quash an order dated 23 July 2025 issued by the Deputy Director of Agriculture, Pilibhit, and also raised the termination of his services dated 29 August 2025 by Avani Paridhi Energy & Communication Pvt. Ltd. The petitioner was employed as an outsourcing employee and was terminated for alleged serious irregularities. The Court observed that the termination order by the private company was not the subject of the writ petition and that the petition was not maintainable. It further held that the petitioner had not pressed the petition with liberty to avail the appropriate remedy against the termination. Consequently, the petition was dismissed as not pressed with liberty as prayed.
Issues considered
- Whether the writ petition challenging the termination order is maintainable.
- Whether the petitioner is required to avail the remedy available under law against the private employer before approaching the court.
Subjects
- writ petition
- termination of service
- outsourcing employee
- maintainability
- liberty to avail remedy
Judgment
HIGH COURT OF JUDICATURE AT
ALLAHABAD
WRIT - A No. - 6652 of 2026
Vipin Kumar Rathore
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar
Tiwari, Rabindra
Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. The petitioner has preferred present writ petition
inter-alia with the prayer to quash the order dated
23.07.2025 passed by the respondent no.2-Deputy
Director Agriculture, Pilibhit.
2. Learned Standing Counsel placed before this
Court the order dated 29.08.2025 passed by the
respondent no.4 by which the services of the
petitioner was terminated.
3. From perusal of the aforesaid, it is clear that
petitioner was given the appointment by the
respondent no.4-Managing Director/Authorized
Signatory, Avani Paridhi Energy & Communication
Pvt. Ltd., Lucknow as outsourcing employee and
due to serious irregularities committed by the
petitioner the decision in question has been taken.
For the reasons best known to the petitioner the
order dated 29.08.2025 issued by the respondent
no.4 is not under challenge hence Court is of the
opinion that present writ petition is not
maintainable.
WRIA No. 6652 of 2026
2
4. At this point of time, a prayer has been made by
counsel for the petitioner to dismiss present writ
petition as not pressed with liberty to avail the
remedy, which is available in law against the
respondent no.4.
5. Prayer made is allowed.
6. The writ petition is dismissed as not pressed with
liberty as prayed.
May 5, 2026
Pramod Tripathi
(Prakash Padia,J.)
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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