BANSHIDHAR DUBEY ALIAS VANSHIDHAR DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
WRIA/10854/2025 · 2025-09-16
Prashant Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164854 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164854 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10854 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the parties. 2. The present writ petition has been preferred seeking the following main reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari to quash/set aside the judgment and order dated 14.05.2025 passed by Hon'ble U.P. State Public Service Tribunal, Lucknow in Claim Petition No.1093 of 2016, Banshidhar Dubey v. State of U.P. and others contained as Annexure No.1 to the writ. (ii) to issue a writ, order or direction in the nature of issue a writ, order or direction in the nature of mandamus commanding the U.P. State Public Service Tribunal, Lucknow to consider and decide C.M. Application No.95 o 2023 for recall of order dated 11.09.2019 afresh and decide the Claim Petition No.1093 of 2016, Banshidhar Dubey v. State of U.P. and others on merit."
3. After hearing the parties and perusing the record and also considering the fact that the claim petition was directed against the order of dismissal of service and as per the assertion made in the application for recall that the claimant had never received any intimation of dismissal of claim petition in default and also as the counsel, who had been assigned the case by the petitioner, did not inform him, we are of the opinion that the order Versus Counsel for Petitioner(s) : Mahendra Pratap Singh, Ranjit Singh Counsel for Respondent(s) : C.S.C. Banshidhar Dubey Alias Vanshidhar Dwivedi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Respondent(s)
impugned herein, dismissing the application for recall, is liable to be set aside, otherwise grave irreparable prejudice would be caused to the petitioner. We, accordingly, set aside the impugned order. Consequently, the claim petition is restored to its original number. It is informed that the pleading have already been exchanged, therefore, the Tribunal is directed to hear and decide the said claim petition as per law, at the earliest. We, however, make it clear that in future the petitioner should be vigilant and keep in touch with his counsel or himself verify as to whether his petition is still pending or has been decided. 4. The writ petition is, accordingly, disposed of.
September 16, 2025 Manish Himwan WRIA No. 10854 of 2025 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad, Lucknow Bench