Umakant Srivastava vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 7110 ALL

Citation : 2023 Latest Caselaw 7110 ALL
Judgement Date : 3 March, 2023

Allahabad High Court

Umakant Srivastava vs State Of U.P. Thru. Prin. Secy. ... on 3 March, 2023

Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 156 of 2023
 

 
Petitioner :- Umakant Srivastava
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Kamla Kant Chaturvedi,Raj Priya Srivastava
 
Counsel for Respondent :- C.S.C.,Ram Kumar Singh
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard learned Counsel for the petitioner, learned State Counsel and Sri Ram Kumar Singh, learned counsel for Nagar Panchayat, Satrikh, District - Barabanki.

This petition purportedly has been filed in public interest seeking a direction to the District Magistrate to take action against the respondent no.7, who has allegedly been appointed against the non-sanctioned post. Another prayer made in the writ petition is that the District Magistrate, Barabanki be directed to recover the salary paid to the respondent no.7, who was appointed way back in year 1990.

The settled legal position in respect of Public Interest Litigation concerning service matters is that such a PIL is not maintainable. Reference in this regard is placed upon judgments of the Hon'ble Supreme Court in the cases of Dr. Duryodhan Sahu and others versus Jitendra Kumar Mishra and others reported in A.I.R. 1999 SC 114; Ashok Kumar Pandey versus The State of West Bengal and Dr. B. Singh vs. Union Of India and others reported in (2004) 3 SCC 363.

In view of the aforesaid, we are not inclined to interfere in this petition.

Accordingly, the writ petition is dismissed.

Order Date :- 3.3.2023