Divisional Commercial Manager ... vs Ram Babu And Another
2022 Latest Caselaw 4554 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 8
 

 
Case :- WRIT - C No. - 1000926 of 2015
 

 
Petitioner :- Divisional Commercial Manager (Catering) N.C.R. Jhansi
 
Respondent :- Ram Babu & Another
 
Counsel for Petitioner :- Pratul Kumar Srivastava, Asit Kumar Chaturvedi.
 
Counsel for Respondent :- Vinay Pandey
 

 
Hon'ble Vivek Chaudhary,J.

(Civil Misc. Application No.81401 of 2020: Application for Condonation of Delay in filing Application for Recall of Order dated 18.2.2020)

Cause shown is sufficient. The application is allowed. Delay is condoned.

(Civil Misc. Application No.81402 of 2020: Application for Recall of Order dated 18.2.2020)

Cause shown is sufficient. The application is allowed. The order dated 18.2.2020 is recalled. Petition is restored to its original number.

(Writ Petition)

1. Heard Sri Asit Kumar Chaturvedi learned Senior Advocate, assisted by Sri Pratul Kumar Srivastava, learned counsel for petitioner and Sri Vinay Pandey, learned counsel for respondents.

2. The dispute involved in the present writ petition is the same as in the bunch of writ petitions with leading writ petition being Service Single No.6631 of 2002 connected with Service Single No.6630 of 2002; Service Single No.6597 of 2002; Service Single No.6632 of 2002; Service Single No.6596 of 2002; Service Single No.6665 of 2002. The said writ petitions were dismissed by judgment and order dated 23.7.2014. Against the said judgment and order dated 23.7.2014, the petitioners of those writ petitions filed Review Petition No.22 of 2015; Review Petition No.18 of 2015; Review Petition No.19 of 2015; Review Petition No.20 of 2015 and Review Petition No.21 of 2015, which were dismissed by judgment and order dated 15.12.2017. Against the judgment and order dated 23.7.2014 and 15.12.2017, aforesaid petitioners approached Supreme Court by filing Special Leave Petition (Civil) Diary No.43845 of 2019 (Union of India etc. etc. Vs. Siraj Khan etc. ect.).

3. By order dated 17.1.2020, Supreme Court also refused to condone the delay in filing the special leave petition. Supreme Court, however, clarified that "we clarify that since the Special Leave Petition has not been entertained in view of delay, the question of law is kept open to be urged in an appropriate case."

4. In view thereof, the present writ petition is decided in terms of the order dated 23.7.2014 passed in aforesaid bunch of writ petitions, with leading writ petition being Service Single No.6631 of 2002, leaving the question of law open to be urged in appropriate case.

Order Date :- 30.05.2022

Rajneesh JR-PS)

(Vivek Chaudhary,J.)