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Allahabad High Court · body

2021 DIGILAW 480 (ALL)

Bruce Henderson v. State Of U. P.

2021-04-13

GOVIND MATHUR, PIYUSH AGRAWAL

body2021
JUDGMENT : 1. Precisely, the issue involved in this appeal is that whether learned single Bench is right while denying relief to the appellant-petitioner on the count that as per provisions of the Specific Relief Act, no specific performance of a service contract can be made. 2. The argument advanced by learned counsel is that learned single Bench after examining administrative and financial control over the respondent institution arrived at a conclusion that the same is an instrumentality of the State and as such amenable to writ jurisdiction. 3. On arriving such conclusion, the appellant-petitioner has acquired status and, therefore, a writ could have been issued for performance of the service contract. Several judgments have been cited by the appellant-petitioner but as a matter of fact none is having application in the instant matter. 4. Hon'ble Supreme Court in Executive Committee of Vaish Degree College, Shamli and others Vs. Lakshmi Narain and others reported in AIR 1976 SC 888 in quite unambiguous terms held that no declaration to enforce a contract of personal service will be granted. The only exceptions are the employees having status of civil servant, workman under Industrial Disputes Act or not any other labour legislation or where violation is in mandatory obligation under a statute. No such eventuality exists in the case in hand. The case of the appellant petitioner as such does not fall in the exception category. The appeal is dismissed being bereft of merit.