The Court dismissed a separate writ petition seeking to challenge an order directing the return of interim pension, holding that the petitioner must seek amendment in the pending writ petition for such consequential reliefs.
Liberty granted to petitioner to seek amendment in the pending writ petition.
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Court No. - 36
Case :- WRIT - A No. - 1016 of 2021 Petitioner :- Suresh Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ganesh Prasad, Lalji Yadav, Yashpal Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
A perusal of the records indicates that the petitioner has filed a writ petition challenging the order dated 28.06.2002 passed by the Director of Agriculture, U.P. Lucknow whereby his services had been terminated. The said writ petition was earlier dismissed as infructuous vide judgement and order dated 04.10.2018. In a Special Appeal Defective No.720 of 2020 filed by the petitioner, the order of dismissal of the writ petition has been set aside and the matter is remitted back to the writ Court for fresh adjudication.
By means of the present writ petition, the petitioner seeks to challenge the order dated 05.03.2020 passed by the District Agriculture Officer, Gorakhpur which directs that the interim pension and other benefits accorded to the petitioner during the pendency of the aforesaid writ petition be returned.
In the opinion of the Court, it is not open for the petitioner to challenge the said order by filing a separate writ petition. All reliefs including the consequential relief of payment of pension and other retiral benefits can only be accorded to the petitioner in the pending writ petition after the petitioner seeks proper amendment in the same, as the petitioner had retired during the pendency of the said writ petition on 31.07.2017.
The writ petition is, accordingly, dismissed granting liberty to the petitioner to seek amendment in the pending writ petition.
Order Date :- 17.2.2021 Himanshu
1 issue framed by the court
Whether the petitioner can challenge the order directing return of interim pension by filing a separate writ petition or must seek amendment in the pending petition.
Suresh Singh
State Of U P
3 Others
Sunita Agarwal
As recorded by the court registry
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