Court No. - 33
Case :- WRIT - A No. - 14438 of 2021 Petitioner :- Madan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Parmatma Nand Ojha,Abhishek Shekhar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Dispute herein is with regard to incorrect recording of date of birth of private respondent, who has illegally secured compassionate appointment.
None of the petitioner's individual rights are infringed. Grievance against the private respondent at best be in the nature of public interest. Law is otherwise settled that ordinarily a public interest litigation would not be entertained in service matter. The counsel for the petitioner places reliance upon the Division Bench judgment in Special Appeal No. 266 of 2015 (Salauddin Vs. State of U.P. and others) which appears to be an adjudication on the facts of its own.
Although it is stated that the petition is filed in public interest but prima-facie such argument is not convincing inasmuch as petitioner has not established his credentials in terms of the law laid down by the Supreme Court in the case of State of Uttranchal Vs.Balwant Singh Chaufal and others, (2010) 3 SCC 402 and the petition appears to have been filed for settling scores with the private respondent.
The issue raised in the writ petition is not required to be examined, at the instance of the present petitioner. It shall, however, be open for the respondents to examine the issue in accordance with law.
This petition according is consigned to records.
Order Date :- 29.10.2021 n.u.