Allahabad High Court
Sunil Kumar vs Union Of India And 2 Ors. on 14 January, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 44111 of 2013 Petitioner :- Sunil Kumar Respondent :- Union Of India And 2 Ors. Counsel for Petitioner :- Amit Saxena,A.K. Srivastava,S.Shahi Counsel for Respondent :- A.S.G.I.,A.K Srivastava,S.C.,Subodh Kumar Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Udit Chandra, holding brief of Sri Subodh Kumar for the respondents.
Decision taken by the authorities to terminate the services of petitioner on the ground that he is suffering from Myopia has already been upheld with dismissal of Writ Petition No.26333 of 2002, as also the special leave to appeal No.4538 of 2006 by the Apex Court on 20th March, 2006. The order of removal from service, therefore, has attained finality. It appears that thereafter some representation has been made to the Hon'ble President of India, which was marked to the competent authority. It is thereafter that the competent authority has passed the order impugned dated 30.1.2013, which merely recites the aforesaid facts to hold that the orders passed by the Apex Court has attained finality. Various arguments are urged but it is not in dispute that petitioner's claim has already been rejected by this Court on merits. The decision by this Court has already been affirmed with dismissal of special leave petition. A special appeal filed before this Court No.16 of 2016 was also dismissed.
In that view of the matter, this Court finds no good ground to revive the dispute, once the controversy has already been settled up the Apex Court.
Writ petition, accordingly, is dismissed.
Order Date :- 14.1.2020 Anil