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2025 DAILYLAW 116533 (ALL)

SURESH CHANDRA TRIPATHI v. UNION OF INDIA THRU. ITS SECY. MIN. OF COMMUNICATION AND 2 OTHERS

WRIA/370/2025 · 2025-01-17

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2999 Court No. - 19 Case :- WRIT - A No. - 370 of 2025 Petitioner :- Suresh Chandra Tripathi Respondent :- Union Of India Thru. Its Secy. Min. Of Communication And 2 Others Counsel for Petitioner :- Abhay Kumar Ojha Counsel for Respondent :- A.S.G.I.,Dwijendra Mishra Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, Mr. Anand Dwivedi, learned counsel for opposite party no.1-Union of India and Mr. Dwijendra Mishra, learned counsel for opposite parties 2 and 3. 2. Petition has been filed challenging order dated 11.10.2024 whereby interest claimed by petitioner on delayed payment of Privilege Leave encashment has been rejected. 3. Upon consideration of submissions advanced by learned counsel for petitioner and perusal of record, it is evident that petitioner had earlier also filed WRIT - A No. - 6799 of 2024 which was disposed of vide judgment and order dated 27.08.2024 directing concerned authority to consider petitioners grievance in light of judgment rendered in Writ A No. 2075 of 2023, Ashok Kumar Shukla versus Union of India and others as indicated in the order itself. 4. A perusal of impugned order makes it evident that petitioner's application has been rejected only considering the ITI Leave Rules and different Circulars issued from time to time. There is absolutely no consideration of the judgment indicated in the order passed by this Court earlier on 27.08.2024. 5. The conduct of Unit Head of opposite party-ITI Limited, Mankapur in the manner in which the order has been passed cannot be appreciated. Once a direction had been issued by this court to consider petitioner's grievance in the light of judgment rendered by this Court, he was bound by such directions which had been issued and the manner in which the impugned order has been passed borders on contempt. 6. In view thereof, the impugned order dated 11.10.2024 is hereby quashed by issuance of a writ in nature of Certiorari. Further writ in nature of Mandamus is issued commanding opposite party no.3 i.e. Unit Head (Mankapur), ITI Limited, Gonda, U.P. to pass fresh orders pertaining to grievance of petitioner strictly in accordance with directions issued earlier by this Court dated 27.08.2024. 7. Decision with regard to aforesaid shall be taken by authority concerned within a period of three weeks from the date a certified copy of this order is served upon authority concerned. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. The parties to bear their own costs. Order Date :- 17.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench