The court dismissed a writ petition where the petitioner, after acquiescing to a regularization order of 2011 for nearly seven years without challenge, sought regularization from an earlier date. The court held delay and acquiescence barred the claim and declined to entertain an amendment prayer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 58
Case :- WRIT - A No. - 10500 of 2018
Petitioner :- Lal Bahadur Mali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sheo Ram Singh,Rajendra Kumar Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner wants consideration of his claim for regularization from a date prior to his regularization made vide order dated 22nd July, 2011. It is contended that persons similarly placed were regularized earlier, while petitioner's case has been considered much later.
Petition is opposed by learned Standing Counsel.
From the materials brought on record, it appears that petitioner has not assailed his regularization order dated 22nd July, 2011 and has acquiesced to it. After an expiry of nearly 07 years and without challenging the order itself, the petitioner cannot be permitted to claim regularization from a date prior to passing of regularization order. The oral prayer made by learned counsel to amend the relief prayed for now also need not be entertained after such long lapse of time.
Writ petition, accordingly, is dismissed.
Order Date :- 4.7.2018 Anil
2 issues framed by the court
Whether a petitioner can claim regularization from a date prior to the regularization order after acquiescing to it for nearly seven years without challenging the order.
Whether the court can entertain an oral prayer to amend the relief after such a long lapse of time.
Lal Bahadur Mali
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
