IN THE HIGH COURT OF ALLAHABAD
Ajay Bhanot, J.
Aftab Khan - Petitioner
Versus
State Of U.P. And Others - Respondent
WRIT - A No. - 507 of 2025
Decided On : 17-01-2025
| Table of Content |
|---|
| 1. petitioner's background and requested reliefs. (Para 1 , 2 , 3) |
| 2. petitioner's lack of standing and delay. (Para 4 , 5 , 6 , 7) |
| 3. importance of service rules and roles. (Para 8 , 9 , 10) |
| 4. conditions for maintaining writ petitions. (Para 11 , 12 , 13 , 14 , 15) |
| 5. judicial principle against frivolous litigation. (Para 16 , 17) |
| 6. conclusion and penalty for the petitioner. (Para 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
Ajay Bhanot, J.
1. Heard Shri Mohd. Saeed Siddiqui, learned counsel on behalf of the petitioner, Learned Standing Counsel for the State-respondents No. 1 to 4 and Shri Madan Mohan Srivastava, learned counsel for the respondents No. 5 and 6.
2. Petitioner is before this Court with following principal reliefs:-
"A. Issue a writ or direction or order in the nature of mandamus, commanding the respondents to decide the complaints of the petitioner dated 04.05.2016 (Annexure-2), 10.10.2024 (Annexure-3) and 13.11.2024 (Annexure-6), within time specified by this Hon'ble Court.
B. Issue a writ or direction or order in the nature of mandamus, commanding the respondents to take appropriate action against in pursuance to the complaints of the petitioner dated 04.05.2016 (Annexure-2), 10.10.2024 (Annexure-3) and 13.11.2024 (Annexure-6) within time specified by this Hon'ble Court."
3. Petitioner is an ex-corporator in Nagar Panchayat, Sarai Akil, Kaushambi. He has assailed the appointments of certain employees made in the year 2003.
4. The appointments of employees of the respondent- Nagar Panchayat, Kaushambi are made in light of adherence to specific statutory provisions by competent statutory authorities. The procedure laid out under the Act ensures transparency in the process and fairness in appointments. The competent authorities under the law can also take appropriate action for deviation made in the process of appointments. The petitioner does not figure anywhere in the aforesaid statutory lineup of authorities charged with the duties of making the appointments or examining of their validity thereof.
5. Moreover, the petitioner has approached this Court after a delay of almost more than two decades since such appointments were made. The writ petition is liable to be dismissed on the ground of delay and laches alone. However, there are other issues which will also be examined in the interest of justice.
6. Specific statutory authorities and procedures are thereunder to make appointments. Authorities to oversee the process of appointments.
7. Admittedly, the petitioner is not connected with the process of appointments nor is he an authority competent to take cognizance of any irregularities in the appointments or functioning or disciplinary matters relating to Nagar Panchayat officials. The petitioner has not established his locus standi to challenge the appointments made in the Nagar Panchayat, Sarai Akil, Kaushambi.
8. The service conditions of government servants are governed and regulated by service rules holding the field. The service rules are framed under Article 309 of the Constitution of India and other provisions of law. The service rules of employees ensure that there is transparency in the functioning of the government departments and accountability in the conduct of government officials. The service rules also insulate the government employees from extraneous influences and pressure which may impede faithful discharge of government duties. The service rules are bulwark of independence of government servants and enable them to function without fear of any outside interference.
9. Entertaining complaints from the outsiders who are busybodies and interlopers will have far reaching consequences on the functioning of government. Such action will adversely impact the morale of the government servants and will be detrimental to the efficiency of the Government. Persons who set up complaints with malafide motives of harassing and blackmailing government servant have to be deterred and the Government employees should be
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A petitioner must establish locus standi and be an aggrieved party to maintain a challenge in court, particularly in service matters, where public interest litigations are discouraged.
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Compassionate appointments are concessions, not rights; delay in filing petitions undermines legal claims.
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