Tapan Kumar vs U.O.I. Thru. Secy. Ministry Of ...
2023 Latest Caselaw 24849 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59073
 
Court No. - 8
 

 
Case :- WRIT - C No. - 641 of 2023
 

 
Petitioner :- Tapan Kumar
 
Respondent :- U.O.I. Thru. Secy. Ministry Of Social Justice And Empowerment,New Delhi And 4 Others
 
Counsel for Petitioner :- Rishi Raj
 
Counsel for Respondent :- A.S.G.I.,C.S.C.,Raj Kumar Singh
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard the petitioner in person and learned Standing Counsel for the respondents.

2. The present petition has been filed with the following prayers:

" i.) Issue a writ order or direction in the nature of Certiorari, quashing the impugned order dated 26.12.2022 passed by opposite party no.5 as contained in Annexure No.1 to this writ petition.

ii) Issue a writ, order or direction in the nature of Mandamus, commanding the opposite parties to provide the scholarship to the petitioner for pursuing his type rating/multi engine rating training on A-320 and similar aircraft from Flight Simulator Technique Center, Gurugram Hariyana expeditiously in the ends of justice.

3. It is argued by the petitioner that the similar issues came up for consideration before this Court and the matter was decided in Writ - C No.7332 of 2021, Amit Kumar versus Union of India and others. He argues that the issues raised in the present petition are similar to the one decided by this Court in the case of Amit Kumar versus Union of India and others and as upheld in Special Appeal Defective No.276 of 2022, except for the portion whereby the petitioner was granted the relief of interest and cost.

4. Considering the fact that the issues similar to the one decided by this Court, the writ petition is allowed on the same terms and conditions as contained in the judgment dated 20.09.2022 passed in Writ - C No.7332 of 2021, however, the petitioner would not be entitled to interest and the cost as awarded in the judgment dated 20.09.2022 in view of there being a modification to that extent by Special Appeal Court to the Courts dated 20.09.2022. The orders in the case of the petitioner shall be passed within a period of two months by the respondent no.1 in terms of recommendation made by the State Government.

5. The writ petition stands disposed of.

Order Date :- 14.9.2023

KR