Court No. - 5
Case :- WRIT - A No. - 12307 of 2021 Petitioner :- Jeeshan Ahmad Siddiqui And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Hisham Qadeer,Mohammed Iftekhar Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for the State respondent no.1 & 2 and Sri Siddharth Singhal, learned counsel appearing for the respondent no.3.
The petitioner, by means of the present writ petition, has assailed the order dated 25th July, 2019,by which the Special Secretary, respondent no.1, has cancelled the selection pursuant to an Advertisement dated 5th July, 2016.
Sri Singhal, learned counsel appearing for the respondent no.3 submits that the controversy involved in the present case has already been settled by this Court at Lucknow Bench and the Court has upheld the order dated 25th July, 2019 in Writ-A No.24163 of 2019, reported in 2021 (6) ADJ 29 (LB). Paragraph-93 of the said judgement is reproduced here-in- below:-
" 93. In view of foregoing discussion, I do not find any illegality in the order dated 25.07.2019 whereby requisition dated 23.06.2016 and advertisement dated 05.07.2016 have been withdrawn. Consequently, writ petitions of Category - II & III viz. Writ Petition Nos. 24163 (SS) of 2019, 24568 (SS) of 2019, 8430 (SS) 2019, 31120 (SS) of 2019, 34847 (SS) of 2019, 5246 (SS) of 2019, 33850 (SS) of 2019, 1227 (SS) of 2020, 2346 (SS) of 2020, 1930 (SS) of 2020, 3920 (SS) of 2020, 4809 (SS) of 2020, 13450 (SS) of 2020, 2283 (SS) of 2020, 5096 (SS) of 2020, 18174 (SS) of 2020, 19826 (SS) of 2020 & 612 (SS) of 2021 are dismissed.
Writ petitions of Category-I viz. Writ Petition Nos. 3522 (SS) of 2018, 5117 (SS) of 2018, 29564 (SS) of 2018, 22992 (SS) of 2018, 19124 (SS) of 2018 & 14474 (SS) of 2018 are disposed of with direction to the respondents to consider the petitioners thereof for promotion on the post of Senior Clerk/Assistant Treasury Accountant in accordance with 1978 Rules as amended from time to time."
Since, this Court has already upheld the order dated 25th July, 2019 and as the controversy is concluded by the judgement of this Court, the writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 24.9.2021 NS