State Of Up Thru' Principal Secy ... vs U.P. Public Service Tribunal And ...
2014 Latest Caselaw 258 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 271 of 2005
 

 
Petitioner :- State Of Up Thru' Principal Secy Rural Development & Another
 
Respondent :- U.P. Public Service Tribunal And Another
 
Counsel for Petitioner :- R.S. Parihar,G.K.Tripathi,S.C.,S.K. Garg
 
Counsel for Respondent :- K.K. Mishra,B.N. Singh,C.P. Shukla,G.K. Tripathi,S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Ashwani Kumar Mishra,J.

Sri Pankaj Rai, learned Additional Chief Standing Counsel, submitted that the District Rural Development Agency is a Society and is neither the State Government nor the local authority, therefore, the respondent is not a public servant and his claim is not maintainable before the Tribunal. He further submitted that the respondent was the daily wager and was not in service, and claimed regularization  therefore, he also does not fall within the purview of public servant and his claim petition was not maintainable.

Since the matter raises the jurisdiction and goes into the root of the matter, we are of the view that let the parties make the pleadings in this regard and file respective affidavits.

List after two weeks.

Order Date :- 27.3.2014

OP