Allahabad High Court High Court

Pradeep Kumar Singh vs State Of U.P. & Others on 12 January, 2010

Allahabad High Court
Pradeep Kumar Singh vs State Of U.P. & Others on 12 January, 2010
Court No. - 38

Case :- WRIT - A No. - 34 of 2010

Petitioner :- Pradeep Kumar Singh
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Sushil Dubey,Rajeev Misra
Respondent Counsel :- C.S.C.

Hon'ble Amreshwar Pratap Sahi,J.

This matter had been adjourned on three occasions to
enable the learned counsel for both sides to search out any
rule that might be applicable to the present controversy.

The petitioner has categorically stated in paragraph 19 that
there are no service rule governing the conditions of service
of the petitioner.

Learned standing counsel states that there is a office memo
dated 22nd March, 1987 which indicates certain standards
to be followed for the purpose of such selections.

The aforesaid circular is not a Government Order and is not
an executive instructions within the meaning of Article 162 of
the Constitution of India.

In the absence of any such statutory rule, it will not be
possible for this Court to enforce any rights as claimed by
the petitioner. Accordingly, the writ petition is dismissed.

Order Date :- 12.1.2010
Akv