Deepak Kumar vs State Of U.P.Thru.Addl.Chief ...
2021 Latest Caselaw 8340 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- P.I.L. CIVIL No. - 15137 of 2021
 
Petitioner :- Deepak Kumar
 
Respondent :- State Of U.P.Thru.Addl.Chief Secy. Basic Education Lko. &Ors
 
Counsel for Petitioner :- Mukesh Dhar Dwivedi
 
Counsel for Respondent :- C.S.C.,Vindhyawashini Yadav
 

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

None appears on behalf of the petitioner though the case was called twice. The writ petition was filed for the following reliefs:

"(i) Issue a writ order or direction in the nature of mandamus commanding the opposite parties to conduct a thread Bare enquiry in to the illegality surrounding the payments so made to illegally appointed employees working under the control of the Basic Education Department, in the interest of justice.

(ii) Issue a writ order or direction in the nature of opposite party no. 1 to issue necessary orders for recovering the amount so paid to illegally appointed employees of the Basic Education Department and also take disciplinary action against the concerned officers and staff of the department who were involved in the illegal disbursement of the salary so made, in the interest of justice."

The reliefs quoted above are in reference to the service of the employees, salary and increment thereof. The challenge to it cannot be maintained by a public interest litigation in view of 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. The writ petition is thus dismissed being not maintainable, however, with the liberty to the petitioner to take other appropriate remedy if available for his grievance.

Order Date :- 20.7.2021

VMA