Neel Kamal Yadav vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 10659 ALL

Citation : 2022 Latest Caselaw 10659 ALL
Judgement Date : 18 August, 2022

Allahabad High Court

Neel Kamal Yadav vs State Of U.P. Thru. Addl. Chief ... on 18 August, 2022

Bench: Attau Rahman Masoodi, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - A No. - 5136 of 2022
 

 
Petitioner :- Neel Kamal Yadav
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 4 Others
 
Counsel for Petitioner :- Ravi Shanker Tewari,Keshav Ram Chaurasia
 
Counsel for Respondent :- C.S.C.,Shikhar Anand
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

By means of this writ petition, the petitioner has assailed the judgment/order dated 11.8.2021 passed by the U.P. Public Services Tribunal in Claim Petition No. 1510/2021.

The petitioner before approaching the Tribunal had filed Writ-A No. 51173 of 2014 which was dismissed by order dated 23.9.2014 on the ground of alternative remedy. The order passed by this Court on 23.9.2014 reads as under:

"Heard.

The petitioner has an efficacious statutory alternative remedy before the U.P. Public Service Tribunal, which he has not availed.

The writ petition is dismissed only on the ground of alternative remedy. However, if the petitioner files a claim petition within one month from today, the same shall be decided expeditiously."

The Tribunal while adjudicating upon the claim petition proceeded to take note of the preliminary objection raised by the learned counsel for the State. The objection raised was to the effect that the claim petition instituted before the Tribunal was heavily time barred. That apart, the petitioner had failed to avail the remedy in terms of the order dated 23.9.2014.

The period of limitation within which a claim petition can be instituted before the Tribunal is statutorily prescribed. The Tribunal is not enjoined with the powers of condonation of delay. Thus, the observation made by the Tribunal that the claim petition instituted in the year 2021 as against the orders passed on 28.2.2013, 22.7.213 and 22.4.2014 was time barred, does not suffer from any illegality.

The writ petition is thus bereft of any merit and is accordingly rejected.

Order Date :- 18.8.2022

Fahim/-