The Calcutta High Court was confronted with an important question as to whether ‘extension of an employment contract can be asked as a matter of right’? The Calcutta High Court in this regard has upheld the cardinal principle of service jurisprudence, “an employee holding a post, be it contractual or tenure has no right to ask for automatic extension unless nothing repugnant appears from the letter of appointment”.
The above-mentioned contention came before the High Court of Judicature at Calcutta while deciding the writ petition in the matter of Dr. Jiban Chandra Chakraborty v. West Bengal Electricity Regulatory Commission[1]. The court while dismissing the petition opined that petitioner does not have a right to ask for extension beyond the natural expiration of an employment contract.
The Hon’ble High Court further explained that in cases where nothing contrary has been mentioned, the petitioner evidently has no right to ask for a writ of mandamus as mandamus lies only when the petitioner has a right to a relief or a right corresponding obligation to the performance of a duty on behalf of the respondents.
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[1] Dr. Jiban Chandra Chakraborty v. West Bengal Electricity Regulatory Commission, 2017 SCC OnLine Cal 16341