Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1306 of 2019 Petitioner :- Shyam Mishra Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Santosh Kumar Pandey,Rajendra Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Shri Hareram Tripathi has raised a preliminary objection that the public interest litigation is not maintainable, as the issue raised by the petitioner in respect of the service matter.
From the perusal of the record, we are satisfied that the preliminary objection raised by the learned counsel for the respondents merit acceptance.
The Supreme Court in a series of decisions have held that in service matter, the public interest litigation is not maintainable. The reference will be made to the judgment of the Supreme Court in the case of Duryodhan Sahu versus Union of India, (1998) 7 SCC 273, which has been consistently followed by the Supreme Court.
In view of the above, we decline to entertain this Public Interest Litigation and is, accordingly, dismissed.
Leaving it open to the petitioner to take recourse to such remedy, which is available to him under law.
Order Date :- 31.5.2019 A.N. Mishra