PREM PRAKASH SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petitioner-appellant aggrieved by order dated 26. 3. 2009 passed by a learned Single Judge in Writ Petition No. 15986 of 2009 dismissing the writ petition, has preferred this appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules. Writ petitioner-appellant filed a writ petition, inter alia, praying for issuance of a writ in the nature of mandamus to comply with the order of the higher authorities and to give charge of Store Keeper to him. Learned Single Judge declined to grant the relief, inter alia, observing as follows:-

(2.) MR. Manish Kumar Nigam appearing on behalf of the appellant contends that as there is a direction of the superior authority, it was obligatory on the part of respondent no. 5-Chief Medical Officer to obey that direction, and this is a fit case in which mandamus sought for ought to have been granted. In support of the submission, reliance has been placed on a Full Bench decision of this court in Tara Prasad Misra Vs. State of U. P. and others, reported in (1990) 2 UPLBEC 905.

(3.) WE do not find any substance in the submission of the learned counsel for the appellant. There is nothing on record to show or has been pointed out before us that by not handing over the charge of store, the petitioner-appellant has suffered in any way.