The High Court declined to issue a writ mandamus for the creation of a posts as so is the sole prerogative of the State Government without statutory duty but granted liberty to approach the State Government again.
Writ petition disposed with liberty to file representation before State Government.
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Court No. - 83
Case :- WRIT - A No. - 8167 of 2020
Petitioner :- Diploma Pharmacist Association And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harindra Prasad Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioners - association is a union of Pharmacists in the Government of Uttar Pradesh. They had made representation to the State Government for creation of the post of Chief Pharmacist. Currently, they do not have any promotional avenue, which results in stagnation of career prospects. The representation of the petitioners - association has been forwarded to the State Government by the Director General, Prisons Administration and Reforms Services, Government of Uttar Pradesh at Lucknow.
Per contra, Sri Jagdish Singh Bundela, learned Standing Counsel for the State - respondents submits that creation of post is a sole prerogative of the State Government. However, he could not dispute the communication sent by the Director General, Prisons Administration and Reforms Services, Government of Uttar Pradesh at Lucknow, which is in the record.
Heard learned counsel for the respective parties.
I see merit in the submission of Sri Jagdish Singh Bundela, learned Standing Counsel that creation of post is the sole prerogative of the State Government.
There is no fundamental right which is vested in the
writ petition in the foot on which the petitioners can demand creation of a particular post. There is no statutory duty, which the State Government had not performed, and which can impel this Court to issue a writ in the nature of mandamus.
Faced with this, Sri Harindra Prasad, learned counsel for the petitioner does not press the relief sought in this writ petition. He recasts his prayer and submits that liberty may be granted to state their case before the State Government.
It is open to the petitioners - association to file an appropriate representation before the State Government if so advised. The State Government shall not be constrained by any observation made in this writ petition.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 6.10.2020 Ashish Tripathi
1 issue framed by the court
Whether writ fund in the nature of mandamus can issue to direct creation of a post:
Diploma Pharmacist Association
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
