Petitioner sought reinstatement and dues payable since dismissal. Court held petition not maintainable as dismissal order is challenge pending in writ A No. 501 of 2013. Petition dismissed with liberty.
Petition dismissed with liberty to raise prayers in pending writ A No. 501 of 2013.
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Neutral Citation No. - 2024:AHC-LKO:55433
Court No. - 18
Case :- WRIT - A No. - 5944 of 2024
Petitioner :- Niyaz Ahmed Respondent :- Union Of India Thru. Secy. Ministry Of Power And Energy New Delhi And 2 Others Counsel for Petitioner :- Shivangi Pandey,Bharat Kumar Dixit Counsel for Respondent :- A.S.G.I.
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and Mr. Atul Kumar Dwivedi learned counsel for opposite parties 2 and 3 who has filed short counter affidavit which is taken on record.
This petition has been filed seeking a direction to competent authority to consider petitioner's claim for reinstatement in service and payment of dues from the date of dismissal from service till reinstatement.
From a perusal of the short counter affidavit, it appears that earlier petitioner was dismissed from service vide order dated 26th December, 2012 which is under challenge in writ A No. 501 of 2013 which is still pending consideration.
In view thereof, since the dismissal order is already under challenge in other proceedings, the present writ petition for the prayer as made is not maintainable.
Consequently the petition is dismissed granting liberty to petitioner to press the prayer in writ A No. 501 of 2013.
Dismissal of this petition would not be an impediment in consideration of consequential benefits in the pending writ petition.
Order Date :- 12.8.2024 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition for reinstatement and payment of dues is maintainable when the dismissal order is under challenge in pending proceedings.
Niyaz Ahmed
Union Of India
Manish Mathur
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
