Writ petition dismissed as petitioner failed to challenge the Corporation's prior adjudication dated 31 January 2013 which determined his entitlement. Court directed payment of adjudged dues if not yet remitted.
Dismissal of writ petition; direction to pay adjudged dues of Rs. 25,295.63 if not remitted.
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Court No. - 81
Case :- WRIT - A No. - 851 of 2020
Petitioner :- Resham Pal Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.,Sushil Kumar Rao
Hon'ble Yashwant Varma,J.
On the last occasion, the Court had directed Sri O.P. Singh, the learned Senior Counsel appearing on behalf of the respondent Corporation to evaluate the claim as raised in the petition and to produce on the board of this Court an order in respect thereof. Sri Singh, the learned Senior Counsel however draws the attention of the Court to the fact that an identical prayer was made by the petitioner earlier before the Lucknow Bench of the Court and pursuant to the directions issued on that petition, the Corporation had on 31 January 2013 duly evaluated the claim and held that the petitioner was only entitled to be paid a sum of Rs.25,295.63. That order, Sri Singh apprises the Court, was never assailed by the petitioner.
In that view of the matter and since it is admitted that the order aforementioned was never assailed, the Court finds no ground to issue the writs as prayed for.
The petition is consequently dismissed .
Insofar as the dues as adjudged, payable and so conveyed in the order dated 31 January 2013 is concerned, Sri Singh, learned Senior Counsel on instructions states that subject to verification of all facts that amount if still not remitted, shall be paid to the petitioner within a period of one month from today.
Order Date :- 25.2.2020 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether a writ should be issued when the petitioner failed to challenge the previous adjudication dated 31 January 2013.
Resham Pal Singh
State of U.P.
Another
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
