Nand Lal Yadav vs State Of U.P. And 5 Ors.
2023 Latest Caselaw 22237 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


		  Neutral Citation No. - 2023:AHC:165229              	                            
 
							   Reserved On:- 11.08.2023  
 
  							   Delivered On:- 17.08.2023                              
 
Case :- WRIT- A No. - 30494 of 2017 
 
Petitioner :- Nand Lal Yadav 
 
Respondent :- State of U.P. And 5 Ors. 
 
Counsel for Petitioner :- Sanjay Kumar Mishra, Ashok Khare
 
Counsel for Respondent :- C.S.C., Anand Prakash, Rajiv Singh
 

 
Hon'ble Siddharth, J.

Order on Civil Misc. Modification Application No. 11 of 2023

1. Heard Sri Sanjay Kumar Mishra, learned counsel for the petitioner and Sri Indramanin Kushwaha, learned Standing counsel for the respondents.

2. This modification application has been filed on 07.07.2023 on behalf of petitioner praying for modification of the order dated 23.05.2022 passed by this Court directing the District Inspector of Schools, Mau to pay withheld salary of petitioner from September, 2016 upto 15th June, 2017.

3. Learned counsel for the petitioner submits that writ petition was allowed by this Court by judgment and order dated 23.05.2022 but salary of aforesaid period was not directed to be paid to the petitioner and hence aforesaid judgment and order may be modified and direction for payment of the salary of the aforesaid period may be passed.

4. Learned Standing Counsel has vehemently opposed the submission made by counsel for the petitioner and has stated that the judgment of this Court was subjected to Special Appal Defective No. 529 of 2022 and the order of this Court was affirmed by the special appeal court by the judgment and order dated 22.11.2022.

5. After hearing the rival contentions, this Court finds that the applicant never filed any modification application soon after the judgment and order of this Court dated 23.05.2022 passed in the writ petition. Even after about 7 months of the dismissal of special appeal, this modification application has been filed without explaining the delay. It is infact review of the judgment and order passed by this Court on 23.05.2022. Relief not granted by the writ court stood denied to the petitioner. No appeal or review of the judgment was filed within time. Applicant is seeking review of the judgment and order of this Court dated 23.05.2022 in the garb of modification application which cannot be allowed.

6. The modification application is dismissed.

Order Date :- 17.08.2023

Rohit