Shobh Nath And Anr. vs State Of U.P Through ...
2014 Latest Caselaw 1520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 62950 of 2012
 

 
Petitioner :- Shobh Nath And Anr.
 
Respondent :- State Of U.P Through Secretary,P.W.D. And Others
 
Counsel for Petitioner :- Ateeq Ahmad Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Heard Learned counsel for the petitioners and the learned Standing counsel appearing for the respondents.

Instant writ petition is filed against the orders dated 16.2.2006 and 3.10.2012 contained as Annexure No.13 and 20 to the writ petition. Adjudication of the present writ petition involves disputed questions of fact which can not be gone into under Article 226 of the Constitution of India. Although , writ petition is filed after long delay inasmuch as, the cause of action accrued as soon as the order dated 16.2.2006 was passed.

Without recording any finding on the issue of delay, it is open to the petitioners to agitate their grievances before the forum as may be available to them under law. This liberty  is granted to the petitioners simply on the ground that they had worked in the P.W.D. Department for a certain period of time  from 1987 to 1994 and according to the petitioners, the persons, who were similarly situated, have been retained and regularized. 

Writ petition is disposed of accordingly.

Order Date :- 5.5.2014

aks

(Attau Rahman Masoodi J. )