Court No. - 58
Case :- WRIT - A No. - 23241 of 2018 Petitioner :- Vishanu Chand Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ranjan Srivastava Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent State and Sri Mrigraj Singh, learned counsel for the District Basic Education Officer.
Petitioner contends that respondent nos.4 and 5, who are brothers have illegally obtained appointment on compassionate ground on account of death of their father Ram Surat Mishra, who was employed in the institution concerned. Respondent no.4 was appointed in the year 1977 while respondent no.5 has been appointed in 1998.
Petitioner in respect of such grievance has moved certain applications and his grievance is that requisite information is not being provided by the authorities.
So far as the respondent no.4 is concerned, he was appointed in 1977 and has already retired and all retiral benefits have also been released to him. So far as respondent no.5 is concerned, he is stated to have been appointed on compassionate ground in 1998, but his appointment letter is not on record. It is not clear as to whether his appointment was on compassionate ground as is being alleged. The writ petition appears to have been filed for the purposes of collecting documents in respect of petitioner's apprehension that both the appointments were on compassionate ground against death of their father. There is otherwise no explanation as to why this petition has been filed after 20 years, particularly when respondent no.4 has already retired. Petitioner has otherwise not shown any personal sight/cause in the matter. The petition appears to have been filed more due to personal grudge and law is settled that maliciously instituted proceedings are not to be entertained and the jurisdiction under Article 226 of the Constitution cannot be invoked for such purposes.
Writ petition is, accordingly, dismissed.
Order Date :- 30.10.2018 Ashok Kr.