Court No. - 32
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 85 of 2019 Petitioner :- Girijesh Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar Chakraborty Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the parties and perused the record.
This Public Interest Litigation (PIL) petition has been filed for following relief:
"(a) Issue a writ, order or direction in the nature certiorari for quashing the impugned letters/orders dated 26.10.2018 and 11.12.2018 issued by the respondent no. 2 and contained in Annexure Nos. 1 and 2 to this writ petition.
(b) a writ, order or direction in the nature of mandamus for commanding to the respondents authorities not to give effect of the impugned letters and thereby initiate the act of appointments by deciding the issues raised by the petitioner in his representations dated 03.11.2018 and 13.12.2018 which are contained in Annexure no. 3 and 4 to this writ petition.
(c) any other suitable writ order or direction to which the petitioner is found to be entitled, and.
(d) The petitioner may be awarded cost."
Perusal of record shows that the matter relates to promotion, with regard to promotion of District Malaria Officers to the post of Assistant Director (Malaria) through this Public Interest Litigation petition. Petitioner, in substance is challenging the promotion process. It is a settled law that Public Interest Litigation is not maintainable in service matters and therefore cannot be entertained.
In view of above, we do not see any reason to interfere in the matter, it is accordingly dismissed.
Order Date :- 22.1.2019 Bhanu