Dismissed¶¶11

Avikar Awasthi v. Union of India Thru. Secy. Ministry of Railway New Delhi and 3 Others

Allahabad HC15 May 2025WRIA/5233/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; WRIT - A No. 5233 of 2025; Avikar Awasthi v. Union of India (Ministry of Railway) and 3 others; writ petition dismissed as withdrawn with liberty; compliance with CAT Lucknow Bench order dated 05.03.2024 in O.A. No. 332/00464/2018; fresh order by competent authority dated 15.04.2024; liberty to challenge fresh order as fresh cause of action; counsel: Harish Chandra for petitioner, A.S.G.I. and Sri Vinay Tripathi for respondents; decided 15.5.2025; Neutral Citation 2025:AHC-LKO:28652-DB.

What did the court decide?

Liberty to withdraw the writ petition and to avail the appropriate remedy against the fresh order dated 15.04.2024 passed by the competent authority, treating it as a fresh cause of action. ¶¶11

Avikar Awasthi Vs Union of India Thru. Secy. Ministry of Railway New Delhi and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the writ petition and to avail the appropriate remedy against the fresh order dated 15.04.2024 passed by the competent authority, treating it as a fresh cause of action.

¶¶11

Issue for consideration

Whether the writ petition assailing the Tribunal's order dated 05.03.2024 could proceed when the competent authority had already passed a fresh complying order dated 15.04.2024, and whether the petitioner's remedy lay in challenging that fresh order as a fresh cause of action.

¶¶9

Court's answer

The order dated 15.04.2024 passed by the competent authority is in compliance with the previous order dated 05.03.2024 of the Central Administrative Tribunal, Lucknow Bench, Lucknow in Original Application No. 332/00464/2018.

¶¶8

Ratio / Principle

If aggrieved by the order dated 15.04.2024, the petitioner is open to assail that order by treating it as a fresh cause of action; the challenge instead mounted to the Tribunal's order dated 05.03.2024 was misconceived on that footing.

¶¶9

Key takeaways

On the petitioner's prayer, the writ petition was permitted to be withdrawn with liberty to avail the appropriate remedy against the fresh order dated 15.04.2024 passed by the competent authority, and the petition was dismissed as withdrawn with the liberty as prayed.ratio¶¶11

Detailed headnote1 paragraphs

WRIT - A No. 5233 of 2025 (Avikar Awasthi v. Union of India through Secretary, Ministry of Railway, New Delhi and 3 others), High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2025:AHC-LKO:28652-DB), coram Attau Rahman Masoodi and Ajai Kumar Srivastava-I, JJ., decided 15.5.2025 — Dismissed as withdrawn with liberty. The Court held that the competent authority's order dated 15.04.2024 was in clear compliance with the order dated 05.03.2024 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow in O.A. No. 332/00464/2018. Any grievance against the fresh order dated 15.04.2024 could be raised by assailing it as a fresh cause of action; the challenge instead directed to the Tribunal's order dated 05.03.2024 was not pursued. On the petitioner's prayer, the writ petition was dismissed as withdrawn with liberty to avail the appropriate remedy against the order dated 15.04.2024.

Avikar Awasthi v. Union of India Thru. Secy. Ministry of Railway New Delhi and 3 Others

Case brief

What is this about?

What did the court decide?

Avikar Awasthi v. Union of India Thru. Secy. Ministry of Railway New Delhi and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Hamid Ali Vs State of U.P. Thru. Additional Chief Secretary,Energy Lucknow and 3 Others

Ajaz Ahmad Vs District Judge District Court Ayodhya and Another

Daya Ram and Others Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Sagar Sharma and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and 4 Others

Santosh Kumar and Another Vs State of U.P. Thru. Addl. Chief Secy. Home, Lko. and 3 Others

Smt. Juhi Singh and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Others