Court No. - 36
Case :- WRIT - A No. - 8896 of 2014 Petitioner :- Vijay Bahadur Pal Respondent :- D.M. Allahabad And 2 Ors.
Counsel for Petitioner :- O.D. Malviya,Lok Nath Shukla Counsel for Respondent :- C.S.C.,Asgi-2014/8867,Vikas Srivastava,Vivek Ratan Agrawal
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner herein is seeking employment in IFFCO, Phoolpur, Allahabad in accordance with the Government order dated 02.11.1983 on the premises that the land holders whose lands had been acquired are entitled to seek employment.
At the outset Sri Vivek Ratan Agrawal learned counsel for the respondent no.2 passed on a judgement of the Division Bench of this Court in Jyoti Kumar Malviya Vs. Indian Farmers Fertilizers Co-operative Ltd, Phoolpur Project, Phoolpur & others reported in 2006 (3) ADJ 383 to submit that IFFCO is not an instrumentality of the State as it does not discharge any public function and so it cannot be made amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India.
On the said question of law, on a challenge made to the Apex Court, it has refused to interfere in Civil Appeal No.3062 of 2006. The judgement and order dated 19.04.2018 passed by the Apex Court has been placed before the Court.
In view of these facts, the present petition seeking a direction in the nature of mandamus commanding the respondent no.2 namely IFFCO, Phoolpur, Allahabad cannot be maintained. The same is, accordingly, dismissed.
It is always open for the petitioner to lay his claim before the competent authority.
Order Date :- 31.7.2019 Himanshu