Court No. - 2
Case :- WRIT - A No. - 9338 of 2019 Petitioner :- Irshad Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brij Raj Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner, a collection peon, came to be regularized pursuant to order dated 5 February 2016 passed by the Division Bench of this Court in appeal being Special Appeal No. 117 of 2016 filed by the petitioner. The operative portion of the order reads thus:
"We accordingly allow the special appeal and set aside the judgment and order of the learned Single Judge dated 13 January 2016. For reasons indicated above, we also allow Writ Petition No. 28905 of 2013 and quash the order of 21 September 2011 insofar as it negatives the claim of the appellant. The second respondent shall now proceed to consider the claim of the appellant in accordance with the provisions of the 2004 Rules and the observations appearing hereinabove."
By the instant petition, petitioner seeks a direction for regularization with retrospective date i.e. from the date his immediate juniors were regularized along with consequential benefits.
On specific query, learned counsel for the petitioner submits that the relief for regularization from the date of his immediate juniors was not sought in the earlier writ petition, though the ground for seeking the relief was available. Only relief claimed therein was to consider the claim of the petitioner for regularization. In view thereof, petition is barred in view of the principle enshrined in Order II Rule 2 of C.P.C.
This Court, at this stage, declines to exercise its discretionary jurisdiction under Article 226 of the Constitution.
Accordingly, the writ petition is dismissed.
Order Date :- 31.5.2019 K.K. Maurya