The Supreme Court set aside an Allahabad High Court order that had directed the reinstatement of District Government Advocate (Revenue) for Hathras. The bench of Justice Surya Kant and Justice Joymalya Bagchi held that since advocate’s engagement was purely contractual, he had no enforceable right to continue after the expiry of his term.
The Government Counsel was initially appointed as District Government Advocate (Revenue) on September 26, 2018, and his term was renewed in February 2021 for another three years, expiring in February 2024. Despite being allowed to continue temporarily, he was later relieved of his duties on September 10, 2024. Challenging this disengagement, he approached the High Court, which ordered his reinstatement on April 11, 2025.
The Court, however, observed that the State government’s decision to disengage him was within its administrative discretion, as a contractual appointment does not confer a vested right to continuation or renewal. Consequently, the Court allowed the State’s appeal, setting aside the High Court’s order and emphasizing that contractual government counsel cannot claim reinstatement as a matter of right.
Appearances:
Petitioner: Mr. Sharan Thakur, AAG; Mr. Adarsh Upadhyay, AOR; Ms. Pallavi Kumari, Adv.
