A petition for payment of honorarium as Gram Rozgar Sevaka was dismissed as not maintainable because it was a second petition on the same cause of action, previously dismissed by the court, violating Rule 7 of Chapter XXII of the Rules of Court.
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Neutral Citation No. - 2024:AHC:141254
Court No. - 5
Case :- WRIT - A No. - 9919 of 2024
Petitioner :- Ashok Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Narendra Kumar,Shobhit Singh Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
This writ petition has been filed by the petitioner claiming relief to the effect that a direction be issued to the respondents to pay his dues on account of honorarium for the work done as a Gram Rozgar Sevaka at Village Panchayat Kukthala at the rate of Rs. 6,000/- per month since 01.06.2014.
In this regard, the petitioner had earlier moved this Court by means of Writ-A No. 6209 of 2021, which was heard and dismissed by this Court vide order dated 04.10.2021. The material part of the said order reads:
"Heard learned counsel for parties.
This petition has been preferred seeking the following reliefs:-
"A writ order or direction in the nature of certiorari quashing the impugned list of 101 Gram Rojgar Sewaks issued/duly approved (Post Facto Approval) by respondent No. 3 vide letter No. 1160/G.C./MANREGA.Stha/2021-22 dated 30.4.2021 in which petitioner's name working as Gram Rojgar Sewak at village panchayat Kukthala has not been included (Annexure no. 13 to this writ petition).
A writ order or direction in the nature of Mandamus directing the Respondent No. 4 include the name of the petitioner in the list a Gram Rojgar Sewak at village panchayat Kukthala.
A writ order or direction in the nature of Mandamus directing the respondent concerned to pay the dues of honorarium of petitioner working as Gram Rojgar Sewak at village panchayat Kukthala at the rate of Rs. 6000/- per month since 1.6.2014 which is admissible as per law."
The claim of the petitioner is that he was selected and appointed as a Gram Rojgar Sewak pursuant to a resolution passed by the concerned Gram Panchayat. The grievance in the writ petition was that he has not been paid honorarium. Additionally the petitioner assails a communication of 30 April 2021 which constitutes a list drawn by the respondents containing the names of 101 Gram Rojgar Sewaks whose appointments had been duly approved and found to be in compliance with the procedure prescribed. The name of the petitioner does not stand included in this list. Before the Court it is not disputed that post the passing of a favourable resolution by the village panchayat, the resolution and proposal so made is liable to be approved in accordance with the procedure prescribed under the
relevant executive orders which apply. Despite repeated queries, learned counsel for the petitioner was unable to draw the attention of the Court to any material which may have even remotely established that the proposal of the village panchayat recommending his engagement in 2014 had been duly approved by the competent authority.
In view of the aforesaid, the Court finds no merit in the writ petition which shall stand dismissed."
The present petition is, therefore, a second petition on the same cause of action and not maintainable in view of Chapter XXII Rule 7 of the Rules of Court.
Accordingly, this writ petition is dismissed as not maintainable.
There shall be no order as to costs.
Order Date :- 31.8.2024 Vijay
Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether a second writ petition on the same cause of action is maintainable?
Ashok Kumar
State of U.P. and Another
J.J. Munir
Vijay Kumar Sahu
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
