Court No. - 19
Case :- WRIT - A No. - 5112 of 2019 Petitioner :- Usha Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Awasthi,Ritwika Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The following relief has been prayed for in the instant writ petition : -
i. Issue a writ, order or direction in the nature of Mandamus commanding the District Inspector of Schools (II) Allahabad to forthwith pass suitable orders in terms of Section 6 of the Payment of Salary Act for the purposes of ensuring the entrustment of duties of Officiating Principal to the petitioner within specified period of time as this Hon'ble Court may so desires."
It is pointed out by learned standing counsel that as per averments made in paragraph 24 of the writ petition, another writ petition bearing No. 17300 of 2018 is pending at the instance of the petitioner seeking an identical relief. It is urged that in such circumstances, the instant petition is the second petition for the same relief and also based on same cause of action and thus deserves to be dismissed.
It is admitted to the petitioner that he filed Writ Petition No. 17300 of 2018. The said writ petition is still pending. The prayer made therein is as follows : -
"i. Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Allahabad to forthwith compel the respondent No. 4 to permit the petitioner to discharge duties as Officiating Principal and in case, if the management fails to undertake the said exercise then suitable action be taken in terms of Section 6 of the Payment of Salary Act, 1971 in regard to supersession of the Committee of Management after undertaking due exercise of inquiry and investigation within stipulated period of time as this Hon'ble Court may so desires."
This Court, therefore, find sufficient force in the submission of learned standing counsel that the instant petition is the second petition for the same relief based on same cause of action.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 26.4.2019 AM/-