Tripurari Mishra vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 20834 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - A No. - 8291 of 2022
 

 
Petitioner :- Tripurari Mishra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Geology And Mining Deptt. Lko. And 4 Others
 
Counsel for Petitioner :- I.M. Pandey Ist,Ajeet Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri I.M. Pandey, learned counsel for petitioner as well as learned Standing Counsel for respondents.

2. The petitioner has approached this Court seeking following the reliefs:-

"i. To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to release the petitioner's salary for the period he worked as Typist/clerk on daily wages alonwith interest t the market rate to be compounded periodically from the due date till the date of actual payment in terms of the judgment/order dated 06.11.2000 in Civil Misc. Writ Petition No. 48025 of 2000 - Tripurari Mishra Vs. State of U.P. & others followed by letter bearing no. 796/E.p.F./2015 dated 02.07.2015 sent by the opposite party no. 2 as contained in Annexure no. 1 and 2 respectively to this writ petition, within a short reasonable period to be prescribed by this Hon'ble court in the Hon'ble court in the interest of justice.

ii. To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to consider and decide the petitioner's representation dated 01.05.2019 and 20.05.2022 for release of arrears of salary / wages by reasoned and speaking order in terms of the judgment/order dated 06.11.2000 in civil Misc. Writ Petition NO. 48025 of 2000 - Tripurari Mishra Vs. State of U.P. and others followed by letter bearing No. 796/E.p.F./2015 dated 02.07.2015 sent by the opposite party no. 2 as contained in Annexure no. 17 respectively to this writ petition, within a short reasonable period to be prescribed by this Hon'ble court in the Hon'ble court in the interest of justice."

3. It is noticed that for the same relief the petitioner has approached this Court on earlier occasion by filing Civil Misc. Writ Petition No. 48025 of 2000 before High Court at Allahabad wherein by means of order dated 06.11.2022 following order as passed:-

"Heard Sri P.N. Tripathi, learned counsel for the petitioner as well as learned Standing Counsel.

It is stated that the petitioner is working on daily wage basis as a typist cum clerk even after march, 2000.

this petition is finally disposed of with the direction that if the petitioner has been actually engaged on daily wage basis since march, 2000 onwards and has actually worked on the said post, his wages/salary for the period for which he has actually worked, shall be released by respondent no. 2."

4. It is noticed that on the same cause of action, the interference was shown by this Court and order dated 06.11.2000 has been passed and because the order was not complied with the present writ petition has been filed for the same cause of action seeking the same reliefs.

5. This Court is of the considered view that second writ petition on the same cause of action would not be maintainable.

6. In light of the above, this Court is not inclined to interfere in the matter, accordingly, the writ petition is dismissed.

(Alok Mathur, J.)

Order Date :- 13.12.2022/Ravi/