Shri Devendra Nath Upadhyay vs M. D. U.P. State Bridge ...
2015 Latest Caselaw 2860 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 
Re: Civil Misc. Recall/Restoration Application No. 57431 of 2015:
 
In
 
Case :- WRIT - A No. - 20463 of 2010
 

 
Petitioner :- Shri Devendra Nath Upadhyay
 
Respondent :- M. D. U.P. State Bridge Corporation And Others
 
Counsel for Petitioner :- R. U. Ansari
 
Counsel for Respondent :- M. K. Kushwaha,S.C.
 
Hon'ble Yashwant Varma,J.

This petition had come to be dismissed as having become infructuous on 19 January 2015. Learned counsel for the applicant referring to the various averments carried in the Affidavit filed in support of the recall application submits that the petitioner had sought to challenge the retirement notice dated 15 December 2010 by way of an amendment application which was pending on the date when this petition came to be dismissed. He further submits that cause of action still survives with respect to the retiral benefits payable to the petitioner.

Accordingly and in light of the above, the cause shown for seeking recall of the order of this court dated 19 January 2015 is found to be sufficient. The application for recall is accordingly allowed. The order dated 19 January 2015 is hereby recalled. The writ petition is restored to its original number to be listed before the appropriate Court in due course.

Order Date :- 1.10.2015/Arun K. Singh

Case :- WRIT - A No. - 20463 of 2010

Hon'ble Yashwant Varma,J.

Restored.

For orders, see order passed on the Restoration Application.

Order Date :- 1.10.2015

Arun K. Singh