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Patna High Court

Sanjay Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is not maintainable as it pertains to a service matter and is therefore dismissed.

Summary

The petitioner, Sanjay Kumar Singh, filed a writ petition seeking mandamus to set up a committee to investigate alleged illegal appointments in the Saharsa Municipal Corporation and to direct action against the appointees. The respondents argued that the petition is a public interest litigation concerning a service matter, which is not maintainable, citing Duryodhan Sahu v. Jitendra Kumar Mishra and other precedents. The court examined the scope of PIL, emphasizing that service matters cannot be entertained as PIL and that the petitioner lacked proper locus standi. Relying on established case law, the court held that the petition was frivolous and not maintainable. Consequently, the writ petition was disposed of, with a warning to the petitioner against filing similar suits in the future.

Issues considered

  • Whether a writ petition seeking investigation of alleged illegal appointments in a municipal corporation is maintainable as a public interest litigation.
  • Whether service matters can be entertained under the doctrine of public interest litigation.
  • Whether the petitioner has locus standi to file the petition.
  • Whether exemplary costs should be imposed for frivolous PIL.

Subjects

  • public interest litigation
  • service matter
  • writ of mandamus
  • illegal appointments
  • municipal corporation
  • exemplary costs
  • frivolous litigation

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10973 of 2025
     ======================================================
     Sanjay Kumar Singh S/o Kapaleshwar Prasad Singh, Resident of Ward No.
     25, Batraha, P.S.- Saharsa, District- Saharsa.

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through Principal Secretary, Urban Development and
     Housing Department, Government of Bihar, Patna.
2.   The Principal Secretary, Urban Development and Housing Department,
     Government of Bihar, Patna.
3.   The District Magistrate, Saharsa.
4.   The Municipal Corporation, through its Municipal Commissioner, Saharsa.
5.   The Municipal Commissioner, Municipal Corporation, Saharsa.
6.   The District Compassionate Appointment Committee, Saharsa.
7.   Rajan Kumar S/o Megham Baitha, R/o Village- Not Known, P.S.- Not
     Known, District- Not Known, at present- Tax Daroga, Municipal
     Corporation, Saharsa.
8.   Santosh Kumar S/o Dashrath Sah, R/o Village- Not Known, P.S.- Not
     Known, District- Not Known, at present- Najir, Municipal Corporation,
     Saharsa.
9.   Neeraj Kumar Verma S/o Hariskrishna Das, R/o Village- Not Known, P.S.-
     Not Known, District- Not Known, at present- Senior Clerk, Municipal
     Corporation, Saharsa.
10. Shekhar Kumar Shukla Son of not known, R/o Village- Not Known, P.S.-
    Not Known, District- Not Known, at present- Principal Assistant, Municipal
    Corporation, Saharsa.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s           :    Mr. Samir Kumar, Adv.
     For the Respondent/s           :    Mr. Advocate General
     For the Nagar Nigam, Saharsa   :    Mr. Sanjeev Kumar, Advocate
                                         Mr. Pravashankar Mishra, Advocate
                                         Mr. Navneet Dubey, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 20-02-2026
                The writ petition has been filed by Sanjay Kumar

      Singh seeking for following reliefs :-
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                                         “i. For issuance of writ/writs,
                                         order/orders in the nature of
                                         mandamus for setting up impartial
                                         three- member committee to conduct a
                                         detailed enquiry with regard to the
                                         illegal appointments being conducted
                                         in the Saharsa Municipal Corporation
                                         (Respondent no.4).
                                         ii. For issuance of writ/writs,
                                         order/orders in the nature of
                                         mandamusdirecting the authorities to
                                         consider the representation filed by
                                         the petitioner and initiate appropriate
                                         action against persons who have
                                         illegally appointed in the Saharsa
                                         Municipal Corporation including the
                                         private Respondents.
                                         iii. For issuance of writ/writs,
                                         order/orders in the nature of
                                         mandamus directing the respondent
                                         authority to take action against the
                                         erring authorities who have appointed
                                         private respondents wrongly.
                                         iv. Any other relief which the applicant
                                         may deemed to be found entitled in the
                                         facts and circumstances of the case.”

                     2. A counter affidavit, dated 17.09.2025, has been

         filed on behalf of respondent nos. 4 and 5 by one Prabhat Kumar

         Jha, Executive Officer, Saharsa Nagar Nigam wherein in

         paragraph nos. 6, 7 and 8 it has been stated as follows:-

                                         “6. That it is humbly submitted that
                                         the Hon'ble Supreme Court in case of
                                         Duryodhan Sahu (Dr.) v/s Jitendra
                                         Kumar Mishra held that in service
                                         matters Public Interest Litigation
                                         should not be entertained. Therefore,
                                         on this ground alone whether the
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                                         regular appointments or irregular
                                         appointments are made, may kindly
                                         not be looked into in such Public
                                         Interest Litigation.
                                         7. That the locus of the petitioner is
                                         not clear, as the petitioner has not
                                         disclosed regarding his credentials as
                                         Public spirited person. The petitioner
                                         has merely averred in paragraph no.3
                                         of the writ petition that the petitioner
                                         is socially motivated person who is
                                         interested in social development of the
                                         nation which is not consonance with
                                         the concept of Public Interest
                                         Litigation.
                                         8. That the petitioner has efficacious
                                         remedy of redressal of grievances.
                                         Hence, in the light of above, the
                                         present Public Interest Litigation is fit
                                         to be dismissed.”

                     3.    A     supplementary         counter   affidavit,   dated

         16.10.2025, has been filed on behalf of respondent nos. 4 and 5

         by Prabhat Kumar Jha, Executive Officer, Saharsa Nagar Nigam

         wherein in paragraph nos. 7 to 18 it has been stated as follows:-

                                         “7. That the departmental committee
                                         had also enquired the matter and
                                         submitted report dated 19.08.2016 i.e.
                                         annexure -P/2. The Department
                                         communicated the said report vide
                                         letter no.6331 dated 15.09.2016. The
                                         name of respondent no.09 Neeraj
                                         Kumar Verma or his late father Hare
                                         Krishan Lal Das has not been
                                         mentioned in the sand report. The
                                         petitioner   has     wrongly   raised
                                         objection against Hara Krishan Lal
                                         Das after 26 years of death.
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                                         8. That Santosh Kumar has been
                                         appointed      on     11.01.2002      on
                                         compassionate ground on the post of
                                         clerk against sanctioned and vacant
                                         post death of his father. The father of
                                         the petitioner namely Dashrath Sah
                                         was working as clerk against the
                                         sanctioned post. The departmental
                                         committee enquired the matter and
                                         submitted report date 19.08.2016 i.e.
                                         annexure-P/2 in which the name of
                                         Santosh Kumar has been mentioned in
                                         serial no.02. The said committee
                                         mentioned that the special officer,
                                         municipality, Saharsa appointed under
                                         vested power in the light of letter
                                         no.3137 dated 10.11.1993 to him due
                                         to dissolve of body. Santosh Kumar is
                                         working on the said post. Appointment
                                         of Santosh Kumar was found correct,
                                         hence, his name was not mentioned in
                                         the list of terminated person, the
                                         petitioner has wrongly stated that
                                         Santosh Kumar was appointment on
                                         the post of Nazir. There is no provision
                                         for appointment of Nazir directly.
                                         9. That as regards statement made in
                                         paragraph no.1 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner is not entitled
                                         to get any relief as prayed for in the
                                         light facts mentioned in above brief
                                         history and also facts mentioned
                                         below under reply.
                                         10. That as regards statement made in
                                         paragraph no.2 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner questions
                                         raised by the petitioner is not tenable
                                         in the light facts mentioned in above
                                         brief history and also facts mentioned
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                                         below under reply.
                                         11. That as regards statement made in
                                         paragraph no.3 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner has submitted
                                         by way of submission.
                                         12. That as regards statement made in
                                         paragraph no.4 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner Statement of
                                         the petitioner regarding filing of
                                         CWJC no.384/2016 by him and
                                         passing of judgment dated 27.09.2016
                                         i.e. annexure-P/1 and also has
                                         narrated its contents though the then
                                         Executive Officer, Nagar Parishad,
                                         Saharsa complied the direction of the
                                         Hon'ble Court by which contractual
                                         appointment of 52 persons was
                                         terminated from 31.12.2016 vide letter
                                         no.2267 dated 28.12.2016 i.e.
                                         annexure-P/3.
                                         13. That as regards statement made in
                                         paragraph no.5 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner regarding
                                         submission of enquiry report dated
                                         15.09.2016 i.e. annexure-P/2 by the
                                         Assistant Director UDHD in which 61
                                         persons found working in Nagar
                                         Parishad, Saharsa hence does not
                                         require comment.
                                         14. That as regards statement made in
                                         paragraph no.6 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner regarding
                                         issuing of letter no.2267 dated
                                         28.12.2016 i.e. annexure-P/3 by the
                                         then Executive Officer. Nagar
                                         Parishad,     Saharsa     by    which
                                         contractual appointment of 52 persons
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                                         was terminated from 30.12. 2016,
                                         hence does not required comment.
                                         Fact and annexure-P/4 is matter of
                                         record of concerned office.
                                         15. That as regards statement made in
                                         paragraph no.7 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner regarding
                                         giving reply to his RTI application
                                         about the meeting dated 20.07.2023
                                         i.e. annexure-P/3 series by which
                                         compensate committee recommended
                                         the name of Ranjan Kumar for
                                         appointment though the annexure-P/3
                                         series is matter of record of concerned
                                         office.
                                         16. That as regards statement made in
                                         paragraph no.8 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner regarding
                                         appointment of father namely late
                                         Megham Baitha of respondent no.7
                                         Ranjan Kumar was found to be wrong
                                         in the light of CWIC no. 384/2016 is
                                         not correct because Megham Baitha
                                         was not working on contractual basis.
                                         The departmental committee enquired
                                         the matter and submitted report dated
                                         19.08.2016 i.e. annexure-P/2 in which
                                         the name of Magham Baitha has been
                                         mentioned in serial no.16. The said
                                         committee mentioned that his name
                                         was come from employment exchange
                                         against the vacant post of ward
                                         Jamadar. After conducting written and
                                         oral examination on 30.04.1990 and
                                         on the basis of marks obtained,
                                         appointment of Megham Baitha was
                                         done vide order no.437 dated
                                         20.07.1990 after death of petitioner's
                                         father namely late Megham Baitha,
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                                         Ranjan Kumar applied for his
                                         compassionate appointment. The
                                         office of Nagar Parishad, Saharsa
                                         sent the application to the district
                                         compassionate committee, Saharsa.
                                         The district compassionate committee,
                                         Saharsa recommended the name of
                                         respondent no.07 Ranjan Kumar vide
                                         memo no. 838 dated 20.07.2022 i.e.
                                         annexure-P/3 at page nos.32 to 35.
                                         After      receiving       of     said
                                         recommendation, the office issued
                                         appointment letter against sanctioned
                                         post to respondent no.07 Ranjan
                                         Kumar and is working vide letter of
                                         Municipal Commissioner, Saharsa
                                         vide Memo no.1742 dated 08.11.2023.
                                         17. That as regards statement made in
                                         paragraph no.9 of the writ petition, it
                                         is humbly stated and submitted that
                                         regarding the petitioner against the
                                         appointment of Santosh Kumar is not
                                         correct Santosh Kumar has been
                                         appointed      on    11.01.2002     on
                                         compassionate ground on the post of
                                         clerk against sanctioned and vacant
                                         post after death of his father. The
                                         father of the petitioner namely
                                         Dashrath Sah was working as clerk
                                         against the sanctioned post, the
                                         departmental committee enquired the
                                         matter and submitted report dated
                                         19.08.2016 i.e. annexure-P/2 in which
                                         the name of Santosh Kumar has been
                                         mentioned in serial no.02. The said
                                         committee mentioned that the special
                                         officer,     municipality,    Saharsa
                                         appointed under vested power in the
                                         light of letter no. 3137 dated
                                         10.11.1993 to him due to dissolve of
                                         body. Santosh Kumar is working on
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                                   the said post. The petitioner has
                                   wrongly stated that Santosh Kumar
                                   was appointed on the post of Nazir.
                                   There is no provision for appointment
                                   of Nazir directly.
                                   18. That as regards statement made in
                                   paragraph no.10 of the writ petition, it
                                   is humbly stated and submitted that
                                   regarding the petitioner appointment
                                   of father namely late hare Krishna Lal
                                   das of respondent no.09 Neeraj Kumar
                                   Verma was found to be wrong in the
                                   light of CWJC no. 384/2016 is not
                                   correct because Hare Krishna Lal das
                                   was not working on contractual basis.
                                   Late Hare Krishna Lal das working on
                                   the post of accountant against the
                                   sanctioned post and died on
                                   31.03.1999 during service period. The
                                   departmental committee enquired the
                                   matter and submitted report dated
                                   19.08.2016 i.e. annexure-P/2 in which
                                   the name of Hare Krishna Lal Das or
                                   his Son Neeraj Kumar Verma has not
                                   been mentioned due to not found any
                                   irregularities in appointment of late
                                   Hare Krishna Lal das or of respondent
                                   no.09 Neeraj Kumar Verma. The
                                   petitioner    has    wrongly     raised
                                   objection against Hare Krishna Lal
                                   Das after 26 years of death. After
                                   death of late Hare Krishna Lal Das,
                                   respondent no.09 Neeraj Kumar
                                   Verma has been appointed vide letter
                                   no.234 dated 18.05.1999 on the post
                                   of clerk against sanctioned and vacant
                                   post and since then is working. The
                                   district compassionate committee,
                                   Saharsa also approved the same.”
                     4. Learned counsel appearing for the respondent nos.
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         4 and 5 has argued that the prayer is vague and in view of the

         settled position of law as enunciated in the case of R & M Trust

         vs. Koramangala Residents Vigilance Group & Ors., reported

         in (2005) 3 SCC 91, this type of case cannot be entertained as

         Public Interest Litigation as it relates to service matter.

                      In the said case in paragraph no. 23 and 24 it is stated

         as follows:-

                                         “ 23. Next question is whether such
                                         public interest litigation should at all be
                                         entertained and laches thereon. This
                                         sacrosanct jurisdiction of public interest
                                         litigation should be invoked very
                                         sparingly and in favour of vigilant
                                         litigant and not for the persons who
                                         invoke this jurisdiction for the sake of
                                         publicity or for the purpose of serving
                                         their private ends.
                                          24.Public interest litigation is no doubt a
                                         very useful handle for redressing the
                                         grievances       of    the     people     but
                                         unfortunately lately it has been abused by
                                         some interested persons and it has
                                         brought a very bad name. Courts should
                                         be very very slow in entertaining
                                         petitions involving public interest: in very
                                         rare cases where the public at large stand
                                         to suffer. This jurisdiction is meant for the
                                         purpose of coming to the rescue of the
                                         downtrodden and not for the purpose of
                                         serving private ends. It has now become
                                         common for unscrupulous people to serve
                                         their private ends and jeopardise the
                                         rights of innocent people so as to wreak
                                         vengeance for their personal ends. This
                                         has become very handy to the developers
                                         and in matters of public contracts. In
                                         order to serve their professional rivalry
                                         they utilise the service of the innocent
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                                         people or organisation in filing public
                                         interest litigation. The courts are
                                         sometimes persuaded to issue certain
                                         directions without understanding the
                                         implications and giving a handle in the
                                         hands of the authorities to misuse it.
                                         Therefore, the courts should not exercise
                                         this jurisdiction lightly but should
                                         exercise in very rare and few cases
                                         involving public interest of a large
                                         number of people who cannot afford
                                         litigation and are made to suffer at the
                                         hands of the authorities. The parameters
                                         have already been laid down in a
                                         decision of this Court in the case of Balco
                                         Employees' Union (Regd.) v. Union of
                                         India [(2002) 2 SCC 333] wherein this
                                         Court has issued guidelines as to what
                                         kind of public interest litigation should be
                                         entertained and all the previous cases
                                         were reviewed by this Court. It was
                                         observed as under: (SCC pp. 376-77,
                                         paras 77-80)
                                             “77. Public interest litigation, or PIL
                                         as it is more commonly known, entered
                                         the Indian judicial process in 1970. It will
                                         not be incorrect to say that it is primarily
                                         the judges who have innovated this type
                                         of litigation as there was a dire need for
                                         it. At that stage, it was intended to
                                         vindicate      public    interest     where
                                         fundamental and other rights of the
                                         people who were poor, ignorant or in
                                         socially or economically disadvantageous
                                         position and were unable to seek legal
                                         redress were required to be espoused. PIL
                                         was not meant to be adversarial in nature
                                         and was to be a cooperative and
                                         collaborative effort of the parties and the
                                         court so as to secure justice for the poor
                                         and the weaker sections of the community
                                         who were not in a position to protect their
                                         own interests. Public interest litigation
                                         was intended to mean nothing more than
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                                         what words themselves said viz.
                                         ‘litigation in the interest of the public’.
                                              78. While PIL initially was invoked
                                         mostly in cases connected with the relief
                                         to the people and the weaker sections of
                                         the society and in areas where there was
                                         violation of human rights under Article
                                         21, but with the passage of time, petitions
                                         have been entertained in other spheres,
                                         Prof. S.B. Sathe has summarised the
                                         extent of the jurisdiction which has now
                                         been exercised in the following words:
                                                     ‘PIL may, therefore, be
                                                 described as satisfying one or
                                                 more of the following parameters.
                                                 These are not exclusive but merely
                                                 descriptive:
                                                     — Where the concerns
                                                 underlying a petition are not
                                                 individualist but are shared widely
                                                 by a large number of people
                                                 (bonded       labour,       undertrial
                                                 prisoners, prison inmates).
                                                     — Where the affected persons
                                                 belong to the disadvantaged
                                                 sections of society (women,
                                                 children,       bonded         labour,
                                                 unorganised labour etc.).
                                                     — Where judicial law-making
                                                 is necessary to avoid exploitation
                                                 (inter-country       adoption,      the
                                                 education of the children of
                                                 prostitutes).
                                                     — Where judicial intervention
                                                 is necessary for the protection of
                                                 the sanctity of democratic
                                                 institutions (independence of the
                                                 judiciary, existence of grievances
                                                 redressal forums).
                                                     —      Where       administrative
                                                 decisions           related          to
                                                 developmentCourt and all we need
                                                 to do is to recapitulate and re-
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                                                emphasise the same.” are harmful
                                                to the environment and jeopardise
                                                people's right to natural resources
                                                such as air or water.’
                                             79. There is, in recent years, a feeling
                                         which is not without any foundation that
                                         public interest litigation is now tending to
                                         become publicity interest litigation or
                                         private interest litigation and has a
                                         tendency to be counterproductive.
                                             80. PIL is not a pill or a panacea for
                                         all wrongs. It was essentially meant to
                                         protect basic human rights of the weak
                                         and the disadvantaged and was a
                                         procedure which was innovated where a
                                         public-spirited person files a petition in
                                         effect on behalf of such persons who on
                                         account of poverty, helplessness or
                                         economic and social disabilities could
                                         not approach the court for relief. There
                                         have been in recent times, increasingly
                                         instances of abuse of PIL. Therefore,
                                         there is a need to re-emphasise the
                                         parameters within which PIL can be
                                         resorted to by a petitioner and
                                         entertained by the court. This aspect has
                                         come up for consideration before this
                                         Court and all we need to do is to
                                         recapitulate and re-emphasise the same.”

                     5. Learned counsel for the respondents nos. 4 and 5

         further submits that the petitioner is in habit of filing such type

         of petition earlier also and in one of the case like Civil Writ

         Jurisdiction Case No. 15279 of 2024, exemplary cost of rupees

         fifteen thousand has been imposed on him. He produced the

         copy of the order dated 04.10.2024 passed in the aforesaid

         C.W.J.C. No. 15279 of 2024 which is taken on record.
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                     6. The law is well settled that Public Interest

         Litigation is to address violation of public rights, human rights

         and governance. Careful scrutiny is to be made to prevent

         frivolous filing and judicial activity is to be balanced with

         constitutional separation of powers. Public Interest Litigation is

         not a publicity interest litigation, personal interest litigation or

         political interest litigation. Core idea of the Public Interest

         Litigation is to provide a voice for the voiceless and ensure

         violation of the constitutional or legal rights of the marginalized

         do not go unaddressed but it requires to work with great care

         and circumspection. It is consistently held by the Hon’ble

         Supreme Court that in the service jurisprudence, no public

         interest litigation can be entertained. In the case of Ayaaubkhan

         Noorkhan Pathan – Vs. -State of Maharashtra and Others

         reported in (2013) 4 SCC 465, the Hon’ble Supreme Court held

         as follows :-

                                         “14. This Court has consistently
                                         cautioned the courts against entertaining
                                         public interest litigation filed by
                                         unscrupulous persons, as such meddlers
                                         do not hesitate to abuse the process of
                                         court. The right of effective access to
                                         justice, which has emerged with the new
                                         social rights regime, must be used to
                                         serve basic human rights, which purport
                                         to guarantee legal rights and, therefore, a
                                         workable remedy within the framework of
                                         the judicial system must be provided.
                                         Whenever any public interest is invoked,
                                         the court must examine the case to ensure
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                                         that there is in fact, genuine public
                                         interest involved. The court must
                                         maintain strict vigilance to ensure that
                                         there is no abuse of the process of court
                                         and that, “ordinarily meddlesome
                                         bystanders are not granted a visa”. Many
                                         societal pollutants create new problems
                                         of non-redressed grievances, and the
                                         court should make an earnest endeavour
                                         to take up those cases, where the
                                         subjective purpose of the lis justifies the
                                         need for it. (Vide P.S.R. Sadhanantham v.
                                         Arunachalam [(1980) 3 SCC 141 : 1980
                                         SCC (Cri) 649 : AIR 1980 SC 856] ,
                                         Dalip Singh v. State of U.P. [(2010) 2
                                         SCC 114 : (2010) 1 SCC (Civ) 324] ,
                                         State of Uttaranchal v. Balwant Singh
                                         Chaufal [(2010) 3 SCC 402 : (2010) 2
                                         SCC (Cri) 81 : (2010) 1 SCC (L&S) 807]
                                         and Amar Singh v. Union of India [(2011)
                                         7 SCC 69 : (2011) 3 SCC (Civ) 560] .)
                                         15. Even as regards the filing of a public
                                         interest litigation, this Court has
                                         consistently held that such a course of
                                         action is not permissible so far as service
                                         matters are concerned. (Vide Duryodhan
                                         Sahu v. Jitendra Kumar Mishra [(1998) 7
                                         SCC 273 : 1998 SCC (L&S) 1802 : AIR
                                         1999 SC 114] , Dattaraj Nathuji Thaware
                                         v. State of Maharashtra [(2005) 1 SCC
                                         590 : AIR 2005 SC 540] and Neetu v.
                                         State of Punjab [(2007) 10 SCC 614 :
                                         AIR 2007 SC 758] .)”

                     7. In view of the well settled position of law and

         taking into account the nature of prayer made in this writ

         petition and as it relates to service matter, we are of the view

         that it is not only a frivolous litigation but not maintainable. We

         were contemplating to impose heavy exemplary cost on the

         petitioner, however, we expect that the petitioner to be careful
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                      and shall not indulge in such activities in future.

                                  8. Accordingly, the writ petition is disposed off.




                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
supratim/-
AFR/NAFR                  NAFR
CAV DATE                  NA
Uploading Date            25.02.2026
Transmission Date         NA


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