WPSS/1467/2023
2023 Latest Caselaw 2232 UK

                   Office Notes,
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                                     WPSS No.1467 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Mahavir Kohli, Advocate, holding brief of Mr. Harendra Belwal, Advocate, for the petitioner.

Mr. P.C. Bisht, Standing Counsel, for the State of Uttarakhand.

The petitioner had initially preferred a writ petition being WPSS No.325 of 2021, "Kamal Fartyal and others Vs. State of Uttarakhand and others", along with the other petitioners, in which he was impleaded as petitioner no.2, wherein, he has sought a writ of mandamus directing the respondent to treat the petitioner as to be a confirm employee since having been appointed under the Dying in Harness Rules.

The writ petition preferred by the petitioner earlier was disposed of by the coordinate Bench by the judgment dated 31.03.2021, thereby issuing direction to the respondent no.5, to decide the representation of the petitioner within a period of six weeks from the date of the passing of the order. The said representation is shown to have already been decided by the competent authority. But, however, for the reasons best known to the petitioner, he has preferred this writ petition for the same relief of mandamus directing the respondents to treat the petitioner as to be a confirmed employee.

In fact this writ petition would be a second writ petition for the same cause of action. Hence, it would not be maintainable the writ petition is accordingly dismissed, since being a second writ petition for the same cause of action.

(Sharad Kumar Sharma, J.) 14.08.2023

NR