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2025 DAILYLAW 167583 (ALL)

PANKAJ KUDESIA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

WRIA/10260/2024 · 2025-01-20

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3393 Court No. - 6 Case :- WRIT - A No. - 10260 of 2024 Petitioner :- Pankaj Kudesia Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Chaurasiya,Aviral Singh,Shobhit Mohan Shukla Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Shri Shobhit Mohan Shukla, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. Learned counsel for petitioner submits that the present writ petition has been filed at the stage when no members were present in the U.P. Public Services Tribunal. He further submits that now the appointments have been made in the U.P. Public Services Tribunal and said the Tribunal is dully functioning and the Claim Petition No. 302 of 2019 and 303 of 2019 is pending before the Tribunal. 3. Considering the fact that the petitioner has already filed Claim Petition Nos 302 of 2019 and 303 of 2019 before the U.P. Public Services Tribunal, therefore, this Court does not wish to entertain this petition in exercise of power under Article 226 of the Constitution of India and once the petitioner has already availed of his efficacious remedy, he is relegated to U.P. Public Services Tribunal to pursue the same. Accordingly, the fact that the Claim Petition Nos. 302 of 2019 and 303 of 2019 is pending for five years before the U.P. Public Services Tribunal, the writ petition is disposed of with the direction to the U.P. Public Services Tribunal to consider and decide the aforesaid claim petitions with expedition. . (Alok Mathur, J.) Order Date :- 20.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench