Sudheer Kumar vs State Of U.P. And 2 Others
2021 Latest Caselaw 10036 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 376 of 2021
 

 
Appellant :- Sudheer Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Prabhakar Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Rajendra Kumar-IV,J.

Civil Misc. Exemption Application No. 1 of 2021

The application seeking exemption from filing certified copy of the order of the High Court is allowed.

The defect stands cured.

Memo of Appeal

By this appeal, a challenge is made to the judgment dated 2nd February, 2021 whereby the writ petition preferred by the petitioner-appellant to seek compassionate appointment. It was finding that the appellant's mother died in 1996 and he applied for the appointment in the year 2006. A writ petition was earlier preferred bearing Writ-A No. 51843 of 2016 and was dismissed by the Court by its judgment dated 27th October, 2016.

After the dismissal of the first writ petition to seek compassionate appointment, the petitioner-appellant preferred the second writ petition and has not been entertained finding that once the petitioner-appellant had approached the Court, for the same relief, he cannot approach again when the first writ petition was dismissed after considering the issue on merit. It cannot be that subsequently if petitioner-appellant approached the Chief Minister and thereupon an order is passed to come again to seek the same relief as was prayed at the first occasion.

We do not find any error in the judgment of the learned Single Judge and accordingly special appeal is dismissed.

Order Date :- 10.8.2021

VMA

(Rajendra Kumar-IV, J.) (Munishwar Nath Bhandari, A.C.J.)