ALLAHABAD HIGHCOURT, PURANI PENSION : पुरानी पेंशन के मामले पर इलाहाबाद उच्च न्यायालय में हो रही सुनवाई पर दिनांक 17/4/2019 का आदेश, क्लिक कर देखें ।

ALLAHABAD HIGHCOURT, PURANI PENSION : पुरानी पेंशन के मामले पर इलाहाबाद उच्च न्यायालय में हो रही सुनवाई पर दिनांक 17/4/2019 का आदेश, क्लिक कर देखें ।

HIGH COURT OF JUDICATURE AT ALLAHABAD 
?Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 286 of 2019 
Petitioner :- In Re Obstruction In Publication Of Cause List Due To Abstention From Work By Emp. Of Govt. Press
Respondent :- Director Government Press Prayagraj Uttar Pradesh And 3 Others
Counsel for Petitioner :- Suo Motu
Counsel for Respondent :- Siddharth Nandan 
Hon'ble Sudhir Agarwal,J.
Hon'ble Rajendra Kumar-IV,J.
1. This is an application submitted on behalf of respondents seeking recall of this Court's orders dated 27.02.2019 and 27.03.2019.
2.� Learned Advocate General assisted by Smt. Subhash Rathi, learned Additional Chief Standing Counsel, contended that this Court took cognizance due to hindrance caused in functioning of Court on account of non-publication of cause list on 07.02.2019 and thereafter, taking a strict view, when informed that Employees of State Government and Government Press have gone on strike, observing that non publication of cause list amounts to interference in the administration of justice, issued notices as to why abstention from duty be treated unauthorized absence, amounting to misconduct and penal action be not taken. It is in this context, Court directed Registry to register case as Public Interest Litigation with heading of "In re: Obstruction in publication of cause list due to alleged abstention from work by employees of Government Press" and placed it before Hon'ble the Chief Justice for nomination of appropriate Bench.
3. It is true that Hon'ble the Chief Justice nominated the matter to a Division Bench presided over by one of us (Hon'ble Sudhir Agarwal, J.) and thereafter, matter came before this Court on 08.02.2019 when employees informed about withdrawal of strike in the interest of harmony and peace and also smooth functioning of public Institutions and functionaries. Court when enquired as to what was the reason for such State level strike, they sought time to place on record� an affidavit in this regard. Affidavit filed was taken into consideration by Court and, thereafter, scope of Public Interest Litigation was extended on the validity of New Pension Scheme.
4. Learned Advocate General submitted that it was not permissible to Court to extend its jurisdiction even in P.I.L. to a different subject. He further contended that Employees Association has also availed remedy of challenging New Pension Scheme in Writ Petition No. 5230 of 2019 (Government Press Employees Association v. Union of India and 4 Others) which is pending, therefore also this Court should close this Public Interest Litigation and may not go into the question of correctness of New Pension Scheme of State Government Employees. It is, thus, requested that both aforesaid orders dated 27.02.2019 and 27.03.2019 be recalled and P.I.L. be consigned to record, in view of subsequent events.
5. However, we are not impressed by above submissions.
6. Cognizance on matter was taken by Court on account of situation created by State Government Employees' Strike in which Employees of Government Press also participated and it obstructed functioning of this Court also. Public Interest Litigation is not confined to any individual issue but the purpose is that issues which affect a very large number of persons, many of them for various reasons may not come to Court or there is gross injustice to public at large which is disturbing public peace and harmony. Court may take cognizance, look into such matters and after considering issues, decide the same so that disputes affecting people at large are settled causing peace and harmony in Society. The same has been endeavoured to be done in this case also. The fact that a writ petition has also been filed raising same issue and, in our view, can also be heard along with this writ petition. Let it be connected with Writ Petition No. 5230 of 2019 (Government Press Employees Association v. Union of India and 4 Others).
7.� We, therefore, reject this review application as we find no reason to recall orders dated 27.02.2019 and 27.03.2019. We further direct that both writ petitions i.e. present one and Writ Petition No. 5230 of 2019 (Government Press Employees Association v. Union of India and 4 Others) be placed before Hon'ble the Chief Justice for nomination of an appropriate Bench so that both matters may be heard together.
8. By the next date, whenever the case is listed, respondents-State of U.P. shall comply with earlier Court's orders dated 27.02.2019 and 27.03.2019.
Order Date :- 17.4.2019
Siddhant Sahu
(R.Appl.No.2/2019) 



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