BRIJESH KUMAR SINGH Vs. STATE OF U P
LAWS(ALL)-2000-4-72
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on April 24,2000

BRIJESH KUMAR SINGH Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

S.H.A.RAZA J. - (1.) MR . Brijesh Kumar Singh, Advocate, who practices in the Lucknow Bench of the Allahabad High Court of Judicature at Allahabad, by means of the present writ petition has prayed for the issuance of a writ in the nature of mandamus, commanding the State of U.R to sanction at least 1000 posts of Class II, III and IV employees in the Allahabad High Court and to issue a writ to the Allahabad High Court to appoint at least 1000 class II, III and IV employees in the High Court for speedy disposal of the pending cases.
(2.) THE aforesaid writ petition is in the nature of Public Interest Litigation as Mr. Brijesh Kumar is a conscientious lawyer of this Court, who is vitally interested in the process of dispensation of justice. We are of the view that he has a right to maintain the writ petition. On 4 -2 -2000, when the writ peti ­tion was entertained a Division Bench of this Court has passed the following order: "By means of this writ petition, the petitioner has raised the question of appaintment of the staff in the High Court. According to him even Con ­stitutional authorities like Prime Minister and the President of India have expressed their concern over the delay in the disposal of the cases by the Courts. The difficulties which are being faced by the High Courts in clearing off the arrears have not been considered by the State Government by increasing the strength of the staff which who are already overworked, as a result of which the obligation of the Courts to dispose of the cases, has been impeded. Let the State of Uttar Pradesh as well as the High Court file counter -affidavit positively within two weeks. List this petition immediately thereafter."
(3.) IN spite of the fact that the aforesaid order was passed on 4 -2 -2000, the State Government has not cared to file the counter - affidavit. The delay in filing the counter -affidavit by the State Govern ­ment is one of the reasons which causes delay in disposal of the cases by the High Court. Instances are not wanting where the counter -affidavit has not been filed by the State Government even after the lapse of several years.;


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