Dismissed

Ram Gopal v. Up State Public Service Tribunal Indira Bhawan and Others

Allahabad HC12 Oct 2022/519/2022

Case brief

AI extract

What is this about?

This single-judge High Court bench dismissed a writ petition challenging the U.P. Public Services Tribunal's dismissal of the petitioner's reinstatement claim due to delay. The court held the Tribunal lacked statutory power to condone delay under the relevant Act and refused to condone the 13-year delay in the writ itself.

What did the court decide?

Writ petition dismissed; order of the Tribunal stands affirmed.

Ram Gopal Vs Up State Public Service… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - A No. - 519 of 2022

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Petitioner :- Ram Gopal

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Respondent :- Up State Public Service Tribunal Indira Bhawan And Others

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Counsel for Petitioner :- Sudhir Kumar Misra,Amrendra Nath Tripathi Counsel for Respondent :- Shikhar Anand,C.S.C.

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.

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Heard Sri Sudhir Kumar Misra, learned counsel for the petitioner and learned State Counsel representing the Staterespondents.

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By means of these proceedings instituted under Article 226 of the Constitution of India, the petitioner challenges an order dated 13-05-2009 passed by the U.P. State Public Service Tribunal, Lucknow, whereby the claim petition preferred by the petitioner namely Claim Petition No. 1629 of 2008, has been dismissed on the ground of inordinate delay as being barred by limitation.

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The petitioner was initially engaged on the post of Temporary Warder in District Jail, Unnao on 13-03-1984, however, his services were terminated by means of an order dated 05-121986 under the provisions contained in U.P. Temporary Government Servants (Termination of Service) Rules, 1975.

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It is not denied that the petitioner received the said order of termination of his services dated 05-12-1984 on 06-12-1984 and thereafter, it is only on 20-06-2007 that the petitioner had made a representation to the State Government with the prayer that he may be reinstated in service. The said representation dated 20-06-2007 has been rejected by the State Government by means of an order dated 24-06-2008 and thereafter, the petitioner approached the State Public Services Tribunal, Lucknow by filing Claim Petition No. 1629 of 2008 challenging the order of termination of his services dated 05-12-1984 as also the order dated 24-06-2008, whereby the representation dated 20-06-2007 made by the petitioner was rejected by the State Government.

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Learned State Public Services Tribunal, Lucknow has considered the entire aspect of the matter and has come to the conclusion that the claim petition preferred by the petitioner was barred by limitation as it suffered from the vice of unexplained inordinate delay.

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The U.P. Public Services Tribunal is a creation of a statute, namely the U.P. Public Services (Tribunal) Act,1976 and accordingly, it has to exercise its jurisdiction within the four corners of the statutory provisions contained under the said Act. Under the said Act, no authority or power is vested with the U.P. Public Services Tribunal to condone the delay if any claim petition is filed beyond the period of limitation as prescribed in sections 4/5/6 of the said Act.

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Learned counsel for the petitioner has not been able to show any law which can come to the aid of the petitioner to accept his argument that the delay could have been condoned by the U.P. Public Services Tribunal while entertaining the claim petition filed by the petitioner for the reason that the petitioner had a sufficient cause.

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This writ petition has also been filed after delay of a period of about 13 years from the date of the order was passed by the U.P. Public Services Tribunal on 13-05-2009.

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In view of the aforesaid, we are not inclined to interfere in the order of the Tribunal and accordingly, the writ petition is hereby dismissed .

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Order Date :- 12.10.2022 AKS

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Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.10.13 17:42:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ram Gopal v. Up State Public Service Tribunal Indira Bhawan and Others

Case brief

What is this about?

What did the court decide?

Ram Gopal v. Up State Public Service Tribunal Indira Bhawan and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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