Court No. - 16
Case :- WRIT - A No. - 21118 of 2018 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sanehi Yadav Counsel for Respondent :- C.S.C.,Manu Saxena
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner as well as Shri Manu Saxena for respondents.
2. Shri Manu Saxena has on the basis of instructions raised a preliminary objection to the maintainability of this writ petition. He says that the petitioner had earlier filed a writ petition challenging his termination order dated 18.03.2015. The said writ petition was dismissed for non prosecution on 05.12.2017. It has not been restored thereafter. Without disclosing the filing of said writ petition No. 37635 of 2016 the petitioner has again come up before this Court. This time praying for issuance of a Mandamus directing the respondents to pay salary of the petitioner since 17.08.2010 along with 12 per cent interest thereon and permit the petitioner to join his services in Nagar Palika Parishad, Pilakhuwa, District Hapur.
3. Mr. Manu Saxena says that prayer No. 3 in the earlier writ petition is almost the same as it also prays for a Mandamus to the respondents to pay the regular salary to the petitioner since 17.08.2010 along with his entire dues.
4. The learned counsel has filed a short counter affidavit in which all details have been given with regard to the earlier writ petition No. 37365 of 2016 and a copy of the termination order has been filed as Annexure - 3 to the said short counter affidavit.
5. Shri Manu Saxena has also pointed out that the petitioner had earlier also filed Writ - A No. 7365 of 2015: Manoj Kumar Vs. State of U.P. and two others praying a Mandamus to the respondents to let the petitioner join his services in Nagar Palika Parishad, Pilakhuwa and to pay his entire dues with 12 per cent interest thereon for the period of his medical leave also to pay him regular salary since 17.08.2010. The said writ petition was finally disposed off with a direction to the respondent No. 3, Executive Officer, Nagar Palika Parishad, Pilakhuwa to decide the claim of petitioner in accordance with law. The said writ petition was disposed off on 06.02.2015. In pursuance of the said direction issued by this Court petitioner's representation was decided wherein it was clearly mentioned by the Chief Executive Officer that he already stands terminated.
6. It has been pointed out that after a detailed counter affidavit was filed in writ petition No. 37365 of 2016 bringing on record facts relating to the conduct of the petitioner the said writ petition was not pursued further. No rejoinder affidavit was filed controverting the allegations made in the counter affidavit which was filed on 15.01.2016. The said writ petition was dismissed for want of prosecution on 05.12.2017.
7. The learned counsel for respondents has also brought to the notice of this Court that the petitioner runs an Ashram called Kondala Ashram and he impersonates as Mahant Shri Manoj Das Ji Maharaj and gives Pravachan (religious sermons) to all and sundry and at regular intervals files applications for grant of medical leave and for salary also. Since the petitioner does not taken any notice of any summons from the Nagar Palika Parishad nor dis he allow the service of termination order upon him, a newspaper publication has also been brought on record dated 27.03.2015 saying that he has been terminated and he should come and take a copy of the termination order from the office.
8. This Court is convinced from the arguments and also the documents produced before this Court by Shri Manu Saxena that this writ petition has been filed as an abuse of the process of the Court. No litigant is entitled to continuous and repeated drag of time of this Court which is public time, for such litigation.
9. This writ petition is dismissed with a cost of Rs. 1 lac.
9. The petitioner shall deposit the cost within a period of one month from today in the Registry of the High Court. In case the petitioner does not deposit the amount by 29th of November, 2018, the Registrar General shall issue notice to the District Magistrate, Hapur for recovery of the amount. The District Magistrate shall thereafter recover the amount as arrears of land revenue from the petitioner and deposit the same in the Registry. As and when the amount is deposited the same shall be released for Juvenile Justice Board at Hapur which shall be utilized for well being of children languishing in protection home.
Order Date :- 29.10.2018 LBY