Court No. - 18
Case :- WRIT - A No. - 1529 of 2019 Petitioner :- Awadhesh Nigam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- C.S.C.,Alok Mishra
Hon'ble Prakash Padia,J.
Heard Sri K. C. Viswakarma, learned counsel, holding brief of Sri Narendra Kumar, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 and 2 and Sri Alok Mishra, learned counsel for the respondent nos. 3 to 5.
The petitioner has preferred the present writ petition with the following prayer:-
" 1. Issue a writ, order or direction in the nature of Mandamus Commanding the respondents authorities to pay the all post retiral benefit to the petitioner being the son of deceased retired employee namely Late Mahadeo Prasad Nigam."
At the very outset a preliminary objection has been raised by the learned counsel for the respondent Mr. Alok Mishra that present writ petition is not maintainable. It was pointed out by Mr. Alok Mishra, learned counsel for the respondent, that apart from several other writ petitions the petitioner filed Writ Petition No.25163 of 2017, Awadhesh Nigam Vs. State of U.P. and 3 others. The said writ petition was dismissed on 30.5.2017 on the ground that the jurisdiction lies with the Lucknow Bench of this Court. The order is reproduced hereunder:-
"Heard Sri Narendra Kumar, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondent nos.1 and 2 and Sri Anil Tiwari, learned counsel appearing for respondents no.3 and 4.
After some argument, learned counsel for the petitioner submits that he may be permitted to withdraw this writ petition as the jurisdiction lies before the Lucknow Bench of this Court.
The prayer is allowed.
The writ petition is, accordingly, dismissed with the liberty to the petitioner to approach the appropriate Forum."
Subsequently petitioner approached the Lucknow Bench of this Court by filing writ petition bearing Service Single No.33873 of 2018. On the request made by the learned counsel for the petitioner the said writ petition was dismissed as withdrawn with the liberty to the petitioner to approach the appropriate forum. The order passed in the said writ petition dated 27.11.2018 is reproduced below:-
"Dr. V.K. Singh, learned Advocate has filed Vakalatnama on behalf of the respondent No.2, the same may be taken on record.
Learned counsel for the petitioner after making submission at length, requested that this petition be dismissed as not pressed with the liberty to approach the appropriate Forum available to him.
The prayer made by learned counsel for the petitioner is allowed.
The writ petition is dismissed as not pressed with the liberty to the petitioner to approach the appropriate Forum."
It is contended by learned counsel for the respondents Sri Alok Mishra that in view of the aforesaid facts, the present writ petition is not maintainable.
The arguements advanced by the learned counsel for the respondents Sri Alok Mishra is full force. No other material has been brought on record by the petitioner.
In the facts and circumstances, the present writ petition is dismissed.
Order Date :- 29.1.2019 Pramod Tripathi