Shyam Raj Singh vs State Of U.P. And 3 Others
2021 Latest Caselaw 663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1236 of 2020
 

 
Appellant :- Shyam Raj Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Sadhu Sharan
 
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Civil Misc. Exemption Application No. 1 of 2020

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

The defect stands cured.

Let a regular number be given to this appeal.

Order on Memo of Appeal

Heard learned counsel for the appellant and Sri Pranjal Mehrotra, learned counsel for respondents.

By this appeal, a challenge is made to the judgment dated 20.10.2020 whereby the writ petition preferred by the appellant/petitioner was dismissed.

It is a case where appellant/petitioner preferred writ petition earlier also bearing No. 1118 of 2020 to seek retiral benefits. The said writ petition was disposed of finding payment of retiral dues. The appellant/petitioner herein did not pray for award of interest despite specific prayer made in the earlier writ petition.

The second writ petition preferred by the appellant/petitioner to seek interest on the delayed payment was not accepted. It was not found maintainable and accordingly the second writ petition was dismissed.

The appellant/petitioner could have filed objection to the affidavit submitted in the earlier writ petition to make a prayer for interest, thus, in the peculiar facts, the second writ petition was dismissed by the impugned order.

We do not find any illegality in the judgment for the reason that despite a specific prayer for award of interest, the appellant/petitioner did not press for it while the first writ petition was decided. The second writ petition could not have been filed for the same prayer having dismissed without giving liberty to file a fresh.

In view of the above, no reason exists to cause interference in the judgment passed by the learned Single Judge, thus, the appeal stands dismissed.

Order Date :- 11.1.2021

//Nirmal//