Allahabad High Court
Jagdish Prasad vs State Of U.P. Thru. Addl. Chief ... on 10 December, 2024
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:82498 Court No. - 21 Case :- WRIT - A No. - 11830 of 2024 Petitioner :- Jagdish Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Public Works Deptt. Lko. And 2 Others Counsel for Petitioner :- Ali Moid Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
1. Heard Sri Ali Moid, learned counsel for the petitioner and Sri Surya Prakash, learned Additional Chief Standing Counsel for the respondents.
2. This writ petition has been filed with the following relief(s):
"i. Issue a writ, order or direction in the nature of Mandamus thereby directing the Opposite Party No. 3 to regularize the petitioner on the services of mate from the date of his initially joining decide i.e. 01.03.1987 and he may be further directed to revise the salary of the Petitioner and Pension and the Petitioner may be given full pension, gratuity and other benefits accrued towards the petitioner forthwith.
ii. Issue a writ, order or direction in the nature of Mandamus thereby directing the Opposite Party No. 3 to decide the representation of the petitioner dated 03.04.2021 annexed as Annexure No. 1 to this writ petition and representation dated 22.11.2024 annexed as Annexure No. 2 with this writ petition for regularizing the petitioner on the post of mate in light of the Rules, 2016 and order dated 15.03.2021 passed by this Hon'ble Court in Writ Petition, Service Single No. 6894 of 2021."
3. In the prayer (ii) of the writ petition prayer has been made to decide the representation of the petitioner dated 03.04.2021 annexed as Annexure No. 1 to this writ petition and representation dated 22.11.2024 annexed as Annexure No. 2 with this writ petition for regularizing the petitioner on the post of mate in light of the Rules, 2016 and order dated 15.03.2021 passed by this Court in Writ Petition, Service Single No. 6894 of 2021.
4. Learned Additional Chief Standing Counsel pointed out that earlier the petitioner had approached three times before this Court with the same prayer by filing Writ Petition No. 2614 (S/S) of 1997: Jagdish Prasad Vs. State of U.P.; writ petition Service Single No. 647 of 2015: Jaddish Prasad Mate Vs. State of U.P. and writ petition Service Single No. 6894 of 2021: Jagdish Prasad Vs. State of U.P. with the same prayer and this court vide orders dated 21.04.1997, 26.02.2015 and 15.03.2021 disposed of the writ petition with liberty to the petitioner to make afresh representation alongwith certified copy of the order to the opposite party No.4 (Executive Engineer, Public Works Department, Sultanpur). It appears that either the representation has not been served on the respondents or not decided by the competent authority. He further submits the instant writ petition is not maintainable for same cause of action.
5. Learned counsel for the petitioner could not dispute the aforesaid fact.
6. After hearing learned counsel for the parties and after going through the record, this court is of the view that earlier on three occasions, the petitioner had approached this Court with the same prayer, thus this writ petition is not maintainable. The writ petition lacks merit and is accordingly dismissed.
7. No order as to costs.
Order Date :- 10.12.2024 AS