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2025 DAILYLAW 135931 (ALL)

RAKESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME, POLICE DEPTT. U.P. LKO. AND 4 OTHERS

WRIA/4449/2025 · 2025-04-24

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23678 Court No. - 18 Case :- WRIT - A No. - 4449 of 2025 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home, Police Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Mohd. Nasir,Mohd. Yasir,Navneet Yadav,Rahul Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. Learned Standing Counsel has opposed the petition. He submits that the impugned order, annexed as Annexure No. 1, has already been assailed by the petitioner by filing Claim Petition No. 48 of 2023, Rakesh Kumar vs. State of U.P. and others, which was decided by the learned State Public Services Tribunal vide judgment and order dated 01.04.2024. Therefore, the relief sought in Prayer No. 1 is barred by the principles of res-judicata. With respect to Prayer No. 2, it has been submitted that since the claim petition was filed after the petitioner’s retirement and is consequent to the first prayer, and as no such prayer was made before the learned Tribunal, the petitioner cannot seek the same relief before this Court. Perused the record. A perusal of the record shows that the impugned order has already been assailed before the learned Tribunal and has been decided vide Annexure No. 1. As such, the petitioner’s claim is barred by the principles of res-judicata. Prayer No. 2, being consequential to Prayer No. 1, ought to have been raised before the Tribunal. Since the petitioner failed to do so, the second relief is also barred by constructive res -judicata. Accordingly, the writ petition is dismissed. At this stage, learned counsel for the petitioner prays for liberty to file an appropriate writ petition before the Division Bench. As prayed, liberty is granted to the petitioner to avail the alternative remedy as per law. Order Date :- 24.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench