The petitioner, a substantive Safai Karmchari, challenged an order directing him to perform duties as a Pump Operator. The court held he had no legal right to challenge the order as it pertains to duties of his substantive post, dismissing the petition.
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Neutral Citation No. - 2023:AHC:201605
Court No. - 33
Case :- WRIT - A No. - 17581 of 2023
Petitioner :- Habib Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Javed Raza Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Heard learned Counsel for the petitioner at length and Mr. Yashwant Singh, learned Standing Counsel appearing on behalf of respondent nos. 1, 2 and 3.
The petitioner, who held the post of a Safai Karmchari with the Nagar Panchayat, Newriya Husainpur, District - Pilibhit, has challenged an order dated 26.09.2023, passed by the Executive Officer, Nagar Panchayat, Newriya Husainpur, District - Pilibhit, whereby the petitioner has been asked to perform his duties as a Safai Karmchari , instead of the Pump Operator.
It appears that the petitioner, who is a substantively appointed Safai Karmchari, was assigned duties of a Pump Operator as a pro tem measure by the Nagar Panchayat vide resolution dated 28.11.2022 in the following terms;
“2. शशसनननपमपआपरनटरकशपदससजजतहहननतकशशहबशबअहमदकहपमपचलशननकशकशररकरतन रहनगग। ”
The petitioner was never appointed to the post of a Pump Operator nor he holds any lien. The petitioner's lien is on the post that he holds, which is that of a Safai Karmchari . The impugned order, for whatever reason, does nothing more than to ask him to discharge his duties attached to the post to which he has been appointed. There is, therefore, no legal right that inheres in the petitioner to challenge the order impugned.
This writ petition consequently fails and is dismissed .
Order Date :- 17.10.2023
Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
3 issues framed by the court
Whether a substantive Safai Karmchari has a legal right to challenge an order assigning him duties as a Pump Operator.
Whether the petitioner holds a lien on the post of Pump Operator to which he was assigned pro tem.
Whether the petitioner can maintain a writ petition challenging an order to perform duties attached to his substantive post.
Habib Ahmad
State Of U.P.
Executive Officer, Nagar Panchayat, Newriya Husainpur
2 Others
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
