Krishna Mohan Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16123 of 2017 ====================================================== Krishna Mohan Sharma, son of Late Vinda Prasad Singh, resident of Village and P.O.- Govardhan Kafen, P.S. Hathaudi, District- Muzaffarpur. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Minor Water Resources, Bihar, Patna.
2. The Chief Engineer, Minor Water Resources Department, Muzaffarpur.
3. The Chief Engineer, Minor Water Resources Department, Bhagalpur.
4. The Chief Engineer, Minor Water Resources Department, Patna. ... ... 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