Disposed

Prashant Kumar v. State of U.P. Thru. Prin. Secy. Home Civilsectt. Lko and 7 Others

Allahabad HC19 Jul 2024/5430/2024

Case brief

AI extract

What is this about?

The petitioner challenged certain service orders via writ petition. The respondent argued for an alternative statutory remedy. The court disposed of the petition at the admission stage, granting liberty to approach the State Public Services Tribunal with expedited directions.

What did the court decide?

Preliminary objection was addressed; petition disposed of without merits, with liberty granted to approach the U.P. State Public Services Tribunal with specific timelines.

Prashant Kumar Vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48929

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Court No. - 4

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Case :- WRIT - A No. - 5430 of 2024

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Petitioner :- Prashant Kumar

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Civilsectt. Lko And 7 Others Counsel for Petitioner :- Vikas Maurya Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Vinod Kumar Maurya, learned counsel for the petitioner and Ms. Deepshikha, learned Chief Standing Counsel-II for the State-opposite parties.

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2. By means of this petition, the petitioner has prayed for the following main reliefs:-

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"(i) to Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 02.01.2023 passed by the Respondent no.5, the appellate order dated 30.05.2023 passed by the Respondent no.4 and Revisional order dated 06.04.2023 passed by the Respondent no.3 (Annexure no.1,2 & 3 respectively to this writ petition).

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ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to give any effect in pursuance of the impugned orders passed by the respondent's authorities."

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3. Ms. Deepshikha has raised a preliminary objection regarding maintainability of this writ petition by submitting that against the aforesaid order, the petitioner should approach the U.P. State Public Services Tribunal by filing claim petition. She has further submitted that the alternative and statutory remedy may not be circumvented approaching this Court under Article 226 of the Constitution of India.

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4. Learned counsel for the petitioner has requested that the petitioner may be permitted to approach the U.P. State Public Services Tribunal by filing claim petition and direction may be issued to expedite the claim petition.

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5. Considering the arguments of learned counsel for the parties, without entering into merits of the issue, the present petition is disposed of finally at the admission stage giving liberty to the petitioner to approach the U.P. State Public Services Tribunal by filing the claim petition alongwith interim relief application within a period of four weeks from today. If such claim petition

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alongwith interim relief application is filed by the petitioner within the aforesaid stipulated time, the U.P. State Public Services Tribunal may dispose of the interim relief application of the petitioner within a period of one month and such claim petition may be decided, strictly in accordance with law, with expedition, preferably within a period of one year from the date of filing such claim petition.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 19.7.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Prashant Kumar v. State of U.P. Thru. Prin. Secy. Home Civilsectt. Lko and 7 Others

Case brief

What is this about?

What did the court decide?

Prashant Kumar v. State of U.P. Thru. Prin. Secy. Home Civilsectt. Lko and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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