Allahabad High Court
Suresh Chandra Gautam And 6 Others vs State Of U.P. And 3 Others on 5 December, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 19202 of 2019 Petitioner :- Suresh Chandra Gautam And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J.
The petitioners seek a writ, order or direction in the nature of mandamus commanding the Respondents to ensure framing of Service Rules for the post of Surveyors working in the Department of Nal Koop Khand, Irrigation Department, Kanpur.
Further Mandamus has been sought to comply with the direction issued by the Government of U.P. vide Memo dated 23.09.2010 with regard to framing of Service Rules, for the posts of Surveyor within a stipulated period. Framing of Service Rules is essentially a Legislative function, even if it be subordinate or delegated Legislation. It is well settled that a Mandamus cannot be issued for the purpose of undertaking a legislative exercise. However, petitioners specifically seek a Mandamus compelling the respondents to legislate and frame statutory Rules.
This kind of relief cannot be granted.
This writ petition fails and is dismissed summarily.
Order Date :- 5.12.2019 RPD