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Allahabad High Court

SHYAM KISHORversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that no employer‑employee relationship existed between the petitioner and the Committee of Management, and therefore the writ petition was dismissed.

Summary

The petitioner, Shyam Kishor, filed a writ petition claiming he was appointed as a Class‑IV employee and sought relief against the respondents, the State of U.P. and the Committee of Management. The petitioner could not produce an appointment letter or evidence of a due selection process establishing his regular appointment. The Court observed that merely having worked as a Class‑IV employee or possessing an experience certificate does not create a regular employer‑employee relationship. Consequently, the Court held that the Management was under no obligation to retain the petitioner’s services. As there was no enforceable relationship, the relief sought could not be granted and the petition was dismissed.

Issues considered

  • Whether the petitioner was a regular appointee of the Committee of Management establishing an employer‑employee relationship
  • Whether the petitioner is entitled to relief under the writ petition in the absence of such a relationship

Subjects

  • employment
  • regular appointment
  • writ petition
  • employer-employee relationship
  • administrative law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 6727 of 2026

                                    Shyam Kishor
                                                                                             .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)        : Hardik Kishore, Vijayendra Kumar
                                    Counsel for Respondent(s)        : C.S.C.

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

                                    1. Heard Sri Hardik Kishore, learned counsel for petitioner and learned
                                    Standing Counsel for State.

                                    2. In present writ petition, petitioner is not able to show that he was
                                    appointed on Class-IV post after due selection process. Even there is no
                                    appointment letter on record, therefore, only on basis that he has worked
                                    as Class-IV employee or some experience certificate was issued, it cannot
                                    be construed that he is a regular appointee of concerned Committee of
                                    Management.

                                    3. Therefore, there is no employer-employee relationship between
                                    petitioner and Committee of Management. It is up to respondents -
                                    Management to take services of petitioner or not, hence, relief sought in
                                    present writ petition cannot be granted.

                                    4. Accordingly, writ petition is dismissed.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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