Bhoopender Kumar vs Union Of India And 3 Others
2022 Latest Caselaw 4823 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 8367 of 2022
 

 
Petitioner :- Bhoopender Kumar
 
Respondent :- Union Of India And 3 Others
 
Counsel for Petitioner :- Jitendra Prasad
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and Sri Vinay Kumar Singh, learned counsel for the respondents.

Paragraph 7 of the impugned judgment rendered in Original Application No.330/381of 2022 read as under :-

"At this stage, the Learned Counsel for the applicant submits that he shall be satisfied if a direction is issued, that the applicant be protected till the exams of the daughter of the applicant are concluded. In view of the limited prayer made by the applicant, I feel it is fair that the OA be disposed of with the direction to the respondents not to relieve the applicant till 31.05.2022 by when the Board examination of the daughter of the applicant shall conclude. The counsel of the applicant submits on behalf of the applicant that the applicant shall join the place of posting i.e. Pune on 01.06.2022."

Learned counsel for the petitioner has submitted that no such consent was accorded by him through counsel and other ground urged before the Tribunal in Original Application remains unconsidered for no fault on his part.

The ground urged before this Court cannot be appreciated unless a grievance to this effect is raised before the tribunal itself.

We leave it open to the petitioner to raise the grievance of this description, if any, before the Tribunal itself. We decline to entertain the present writ petition on the ground as has been advanced before us.

The writ petition is accordingly rejected with the liberty aforesaid.

Order Date :- 31.5.2022

D. Tamang