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Allahabad High Court

VIPIN KUMAR RATHOREversusSTATE OF U.P. AND 3 OTHERS

Decided

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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