Disposed

Anand Sharan v. The State Of Bihar and Anr.

Patna HC19 Jul 2019CWJC/5535/2018

Case brief

AI extract

What is this about?

The Court held that service matters like transfer and posting under state policy are not suitable for public interest litigation due to the lack of a uniform direction. Aggrieved employees must seek inter-party remedies with appropriate authorities.

What did the court decide?

Writ petition disposed with liberty to raise issues before the appropriate authority without pursuing PIL.

Anand Sharan Vs The State Of Bihar and Anr. — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5535 of 2018

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======================================================

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Anand Sharan S/o Late Raghun Nath Sharan Add- House Saroj Sanjivini D/6, Road No.- 2, Jayprakash Nagar, Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar through its Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

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Chief Secretary, Govt. of Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shyamal Krishna Sinha, Advocate For the Respondent/s : Mr.P.K. Verma- Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 19-07-2019

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Heard the parties.

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The issue of service matter including those relating to transfer and posting on the policy adopted by the State cannot be a subject matter of public interest litigation as no general direction can be issued in this regard covering all matters. In case, anyone is aggrieved by such transfer/posting, he can take recourse to interparty litigation but no public interest litigation would lie for such purpose.

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Having observed thus in case the petitioner is aggrieved by either by his own posting or the posting of any other person, he

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Patna High Court CWJC No.5535 of 2018 dt.19-07-2019 2/2

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shall be at liberty to raise such issue before the appropriate authority but not by way of a public interest litigation.

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With the liberty aforesaid, we dispose of the writ

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petition.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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Prakash/-

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AFR/NAFR	NAFR
CAV DATE
Uploading Date	26.07.2019
Transmission Date

Anand Sharan v. The State Of Bihar and Anr.

Case brief

What is this about?

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Anand Sharan v. The State Of Bihar and Anr.

Case brief

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