Gulab Singh v. State of U.P. and 4 Others

Court No. - 34 Case :- WRIT - A No. - 17989 of 2023 Petitioner :- Gulab Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties and perused the record. Petitioner has questioned the appointment of the respondent No.- 5 with the establishment, namely, Irrigation department on certain grounds. Upon pointed query being made learned counsel for the petitioner admits that petitioner is mere villager and native of the respondent No.- 5. Learned Standing Counsel has raised preliminary objection regarding maintainability of the writ petition on the ground that no public interest litigation is entertainable in service matter. Having heard learned counsel for the respective parties and having perused the record, I find that petitioner has no stake as far as the post being occupied by the respondent No.- 5 is concerned. He was neither the applicant against the post nor, can otherwise be said to have interest in the matter except raising certain disputes regarding eligibility of respondent No.- 5. In service jurisprudence the contract of employment is governed by the terms and conditions reached between the employer and employee, no third party rights are adversely effected. In view of the above, this petition lacks merit and is accordingly, dismissed on the ground of locus standi. Order Date :- 27.10.2023 Atmesh High Court of Judicature at Allahabad