Petitioner filed a PIL seeking transfer of clerical employees in the Minor Water Resources Department. The High Court held service disputes are not maintainable as PILs, citing precedent.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16123 of 2017
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Krishna Mohan Sharma, son of Late Vinda Prasad Singh, resident of Village and P.O.- Govardhan Kafen, P.S. Hathaudi, District- Muzaffarpur.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Bidhanesh Misra, Advocate For the Respondent/s : Mr. Ajit Kumar - GA-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-07-2018
Petitioner claiming to be an Ex Vice President of Bihar Regional Lift Irrigation Employees’ Union, Muzaffarpur has filed this Public Interest Litigation seeking transfer of employees in the clerical cadre of the Department of Minor Water Resources who have been posted in a particular place for more than 6-9 years to some other division, circle or zone.
It is stated that in violation to the rules, many employees are being permitted to work in the area in question and they are not being transferred.
The issue involved is with regard to posting and
Patna High Court CWJC No.16123 of 2017 dt.18-07-2018 2/2
transfer of employees. The Supreme Court in the case of Bholanath Mukherjee & Others Vs. Ramakrishna Mission Vivekananda Centenary College & Others- (2011) 5 Supreme Court Cases 464 and the Delhi High in the case of Forum of SC and ST Legislators and Parliamentarians Vs. Oil and Natural Gas Corporation Ltd. & Another (WP (C) No. 1698 of 2017) decided on 27.02.2017 has laid down that with regard to a service dispute, a Public Interest Litigation is not maintainable and, therefore, we are not inclined to interfere into the matter in such an issue at the instance of the petitioner.
The writ petition stands dismissed.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
P.K.P./-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 19.07.2018 |
| Transmission Date |
1 issue framed by the court
Whether a service dispute regarding transfer of employees is maintainable as a Public Interest Litigation.
Colour shows how this judgement treated each authority
Bholanath Mukherjee & Others Vs. Ramakrishna Mission Vivekananda Centenary College & OthersReferred¶19
(2011) 5 Supreme Court Cases 464
Forum of SC and ST Legislators and Parliamentarians Vs. Oil and Natural Gas Corporation Ltd. & AnotherReferred¶19
WP (C) No. 1698 of 2017
Krishna Mohan Sharma
The State of Bihar
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
