Allahabad High Court Dismisses PIL Seeking Enhancement Superannuation Age Of State Govt Employees From 60 Yrs To 62 Yrs

The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea seeking a direction to the State Government to enhance the age of superannuation of the employees of the State of U.P. from 60 years to 62 years.

Stressing that in service matters, no public interest litigation is maintainable, the Bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar dsimissed the plea noting that the petitioner was a complete stranger and was seeking alteration in the conditions of service of the employees of the State Government.

Essentially, one Vinod Kumar Garg had moved the instant PIL plea seeking to enhance the age of superannuation of the employees of the State of U.P. from 60 years to 62 years.

At the outset, the Court noted that it was strange that such a petition had been filed purportedly in public interest. The Court also noted that the petitioner was a complete stranger so far as the conditions of service of the employees of the State Government were concerned.

"It is also noticeable that the Hon'ble Supreme Court in more than one cases has categorically held that in service matters, no public interest litigation will be maintainable," the Court remarked as it referred to Apex Court's rulings in the cases of Dr. Duryodhan Sahu and others versus Jitendra Kumar Mishra and others (1998) 7 SCC 273 and Dattaraj Nathuji Thaware vs. State of Maharashtra and others (2005) 1 SCC 590.

"When we closely examine the averments made in the writ petition, what we find is that the petitioner is a complete stranger and has in fact sought alteration in the conditions of service of the employees of the State Government, hence we are not inclined to entertain the instant writ petition," the Court further added as it dismissed the plea.

Case title - Vinod Kumar Garg v. State Of U.P. Thru. Its Chief Secy. Govt. Of U.P Civil Secrt. Lucknow And Another [PUBLIC INTEREST LITIGATION (PIL) No. - 372 of 2022]

Case Citation: 2022 LiveLaw (AB) 314

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