Deepak Singh vs State Of ...
2021 Latest Caselaw 10696 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- P.I.L. CIVIL No. - 18030 of 2021
 

 
Petitioner :- Deepak Singh
 
Respondent :- State Of U.P.Thru.Secy.Panchayat Raj,Lucknow & Ors.
 
Counsel for Petitioner :- Himanshu Raghave,Aditya Vikram Shahi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Suresh Kumar Gupta,J.

The writ petition has been filed to challenge the order dated 25.07.2021 and the policy decision regarding establishment of Gram Sachivalaya communicated through the press release dated 21.07.2021.

The orders under challenge relate to the posts of Panchayat Sahayak/Accountant-cum-Data Entry Operator. The ground to challenge is not only in reference to the merger of three different posts of Panchayat Sahayak, Accountant and Data Entry Operator but even in reference to other issues related to service of those employees who would be engaged pursuant to the policy decision of the Government. A reference of the earlier decision taken on 07.11.2017 has also been given when also a policy decision was taken pertaining to the posts in question and other posts.

The writ petition essentially pertains to merger of the posts and other issues pertaining to service matter. The public interest litigation is not maintainable in reference to the service matter in view of the judgments of the Apex Court in the cases of Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo and others, (2014) 1 SCC 161 and Hari Bansh Lal Vs. Sahodar Prasad Mahto and others, (2010) 9 SCC 655. The only exception is to a writ of quo warranto.

The present writ petition does not fall in the aforesaid category rather for the writ of mandamus against the policy decision of the Government pertaining to the service conditions. In the light of the judgment of the Apex Court referred to above, the public interest litigation is not maintainable and is, accordingly, dismissed.

The individual affected by the orders impugned herein would, however, be at liberty to take legal recourse, as is available to him.

Order Date :- 19.8.2021

Shubham

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(Suresh Kumar Gupta, J.) (Munishwar Nath Bhandari, A.C.J.)