Court No. - 35
Case :- WRIT - A No. - 16744 of 2021 Petitioner :- Smt. Sheela Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravinath Tiwari,Bharti Kashyap Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Krishna Agarawal
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Learned Standing Counsel has accepted notice on behalf of respondent no.1 whereas Sri Abhishek Srivastava, learned counsel, appears for the respondents no.2 and Sri Krishna Agarawal, learned counsel appears for the respondents no.3 to 5.
The petitioner has preferred the present writ petition inter-alia with the prayer to direct the respondents to release the remaining retirement benefit with interest to the petitioner husband (late Sri Ram Singh) after considering retirement dated 30.11.2005 on the basis of superannuation with further prayer to direct the respondents to decide the actual date of birth of the petitioner husband, as per rules based on principal of equity and principal of natural justice.
Today when the matter was taken up it is informed by counsel for the respondents that earlier a writ petition being Writ A No.19489 of 2019 was filed by the petitioner. It is further argued that present writ petition is liable to be dismissed on two grounds :- (1) The aforesaid fact has been deliberately and wilfully concealed by the petitioner (2) the relief as sought for by the petitioner in the present petition can very well sought for in the earlier writ petition.
The present writ petition is barred by constructive res-judicata.
At this point of time, a prayer has been made by counsel for the petitioner to dismiss the present writ petition as withdrawn.
In view of the same, present petition is dismissed as withdrawn.
It is made clear that no liberty has been granted to the petitioner to file a fresh petition on the same cause of action.
Order Date :- 23.12.2021 Pramod Tripathi