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2025 DAILYLAW 29898 (ALL)

NIKHIL KUMAR SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIA/3317/2025 · 2025-03-17

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37862 Court No. - 7 Case :- WRIT - A No. - 3317 of 2025 Petitioner :- Nikhil Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachin Dubey Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. It is submitted by learned counsel for the petitioner that by the impugned order charge of the petitioner, in respect of certain work which was being done by the petitioner, has been taken over and handed over to one Raj Kumar Sahu, who is not a regular employee of the institution. Learned counsel for the petitioner submits that petitioner was initially having all the charges of work. 3. It is settled law that it is for the employer to decide, as to which work be allotted to an employee. The employee cannot dictate the terms, as to how, the employer or the appointing authority should hand over the charge in respect of various work. Insofar as objection of the petitioner is concerned that Raj Kumar Sahu is not a regular employee of the institution, a specific query was made to learned counsel for petitioner whether there exist any restriction under law that the charge cannot be handed over to a non regular employee, learned counsel for petitioner submits that there is no such restriction under law. Once there is no such restriction under law and in the administrative capacity the authorities have distributed the work among various employees, then this Court under Article 226 of the Constitution cannot interfere as the matter pertains to policy decision. 4. The writ petition being devoid of merit is, accordingly, dismissed. Order Date :- 18.3.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad