The High Court dismissed a writ petition seeking quashing of a termination order and mandamus for salary, noting the claim was barred as a second petition for the same cause already adjudicated in an earlier writ petition.
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. - 7
Case :- WRIT - A No. - 24405 of 1999
Petitioner :- Smt. Husan Ara Begum Respondent :- State Of U.P & Others Counsel for Petitioner :- Rajesh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
Undisputedly, the petitioner had earlier filed Writ Petition No. 22600 of 1999 for the following relief:
"A. Issue a writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned termination order dated 13.05.1999.
B. Issue a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to work as Assistant Teacher and pay salary continuously as and when it fell due."
That writ petition came to be dismissed on 23.05.2003 by the following order:
"Heard
Learned counsel for the petitioner states that this petition be dismissed as having become infructuous. It is accordingly, dismissed.
Stay order, if any, stands vacated."
The present writ petition has been filed for the exact same relief. Clearly, the present petition is barred being second petition for the same cause, which objection has been raised by Sri Jai Krishna Tiwari, learned counsel for the respondents.
Accordingly, the present writ petition is dismissed .
Interim order, if any, stands vacated.
Order Date :- 12.11.2018 Abhilash
1 issue framed by the court
Whether the present writ petition filing the same relief as a previously dismissed petition is barred as a second petition for the same cause.
Smt. Husan Ara Begum
State Of U.P
Others
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
