Dinesh Kumar Yadav vs State Of U.P. And 2 Others
2021 Latest Caselaw 6933 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 922 of 2021
 
Petitioner :- Dinesh Kumar Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Prem Narayan Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Rajendra Kumar-IV,J.

This public interest litigation (PIL) has been filed to challenge the order dated 15th June, 2021. The State of Uttar Pradesh had earlier restrain transfers of employees by the order dated 12th May, 2021. The State has now taken decision vide its order dated 15th June, 2021 to allow transfer and accordingly to supersede the order dated 12th May, 2020.

The petition has been preferred to challenge the order dated 15th June, 2021 which is essentially to permit the transfers of the employees. The challenge to the order has been made obtaining to the situation of COVID-19, ignoring the fact that a public interest litigation is not maintainable in regard to service matters other than for quo warranto.

The view aforesaid is supported by the judgment of the Apex Court in the case of Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo and others, (2014) 1 SCC 161 and in the case of Hari Bansh Lal Vs. Sahodar Prasad Mahto and others, (2010) 9 SCC 655.

In view of the above, this pubic interest litigation is not maintainable and is accordingly dismissed.

Order Date :- 1.7.2021

VMA

(Rajendra Kumar-IV, J.) (Munishwar Nath Bhandari, A.C.J.)