JAVED AHMAD AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. LKO. AND 5 OTHERS
SPLA/337/2025 · 2025-09-26
Prashant Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168008 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168008 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 337 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE PRASHANT KUMAR, J.
1. We have perused the impugned judgment dated 01.09.2009 passed by the learned Writ Court. The contract of the appellant was admittedly terminated in the year 2010, the same was challenged for the first time in the year 2025 by filing Writ-A No.9898 of 2025. Apparently, the appeal suffers from delay and laches. Mere submission of representation without availing appropriate remedies in this regard is of no avail without explaining the delay and laches. The petitioner was a contractual employee, not a regular employee. The representation was not referable to any statutory provision. The fact that the termination of contract was not challenged instead writ of mandamus was sought that too only to the effect that the opposite parties be ordered to consider the grievance of the petitioner and reinstate him with back-wages does not make any difference sofar as delay and laches is concerned as it is nothing but an attempt to seek the same relief in a round about manner. The Writ Court has rightly dismissed the writ petition on the ground of delay and laches.
2. This Special Appeal is, accordingly, dismissed. September 26, 2025 S.P. Versus Counsel for Appellant(s) : Pashupati Nath Dwivedi Counsel for Respondent(s) : C.S.C., Ratnesh Chandra (Prashant Kumar,J.) (Rajan Roy,J.) Javed Ahmad And 4 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 5 Others .....Respondent(s) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad, Lucknow Bench