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2025 DAILYLAW 179992 (ALL)

VIRENDRA SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. OF THE DEPTT. OF COOP. LKO AND 2 OTHERS

WRIA/12939/2025 · 2025-11-13

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12939 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Ms. Alina Masoodi, learned counsel on behalf of the respondent no.3 is taken on record. Heard learned counsel for the petitioner, Mr. Raghvendra Pratap Singh, learned counsel for the respondent nos. 1 & 2 and Ms. Alina Masoodi, learned counsel for the respondent no.3. By means of the instant writ petition, the petitioner has sought following main reliefs:- "I) Issue a writ, order, or direction in the nature of mandamus commanding the opposite parties to grant the petitioner all consequential service benefits admissible to the post of Assistant Field Officer, including proper pay fixation, arrears of salary for the period 02.04.1991 to 31.12.2015, and revision of pension and retiral dues accordingly. II) Issue a writ, order, or direction commanding the opposite parties to pay to the petitioner the arrears of salary, retiral dues, pensionary benefits and all consequential benefits admissible the post of Assistant Field Officer along with interest at the rate of 18% per annum from the date of accrual till the date of actual payment. III) Issue a writ, order, or direction commanding the opposite parties to forthwith decide the pending representation of the petitioner, including that Versus Counsel for Petitioner(s) : Anupama Bhadauria Counsel for Respondent(s) : C.S.C., Alina Masoodi, Gaurav Mehrotra Virendra Singh Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Of The Deptt. Of Coop. Lko And 2 Others .....Respondent(s) dated 17.11.2021 (As enclosed in Annexure No.3), by passing a reasoned and speaking order within a time frame fixed by this Hon'ble Court. This time also the reliefs have been sought for payment of retiral dues and arrears of salary etc. This issue has already been put to rest by order dated 30.3.2022 passed in Writ-A No.1724 of 2022. The order dated 30.3.2022 is extracted hereinunder:- "Heard. Petitioner's reversion by the order dated 07.06.1991 from the post of Assistant Field Officer to Class-IV post was the subject matter of Writ Petition No.3700 (S/S) of 1991 [Virendra Singh vs. Registrar Coop. Societies & Ors.] wherein, as informed, a stay order was passed on 11.07.1991 but the petition was dismissed for want of prosecution on 07.03.2005. The application for recall/restoration of the matter was rejected on 18.03.2011. Thereafter, subsequent applications were filed which came to be disposed of on 03.05.2019 with the observation that applications are rejected on account of the petition itself having become infructuous. In these circumstances, the petitioner cannot seek the relief prayed by filing this second petition in view of the orders passed in earlier writ petition as the issues are the same, especially as the petitioner claims service benefits in the form of salary etc and consequential post retiral benefits.w.e.f. 02.04.2019. It is open for the petitioner to seek a review of the order dated 03.05.2019, if otherwise permissible in law. The writ petition is accordingly disposed of." The co-ordinate Bench of this Court has categorically observed that the petitioner has already raised the same issues in Writ Petition No.3700(S/S) of 1991, therefore, the second writ petition in view of the orders passed in the earlier writ petition is not maintainable though liberty was given to the petitioner to seek review of the order dated 3.5.2019, if otherwise permissible in law. Consequently, present petition is hereby dismissed as not maintainable. WRIA No. 12939 of 2025 2 However, it is provided that the liberty, which has already been granted to the petitioner in Writ-A No.1724 of 2022 by way of order dated 30.3.2022, can be availed. November 13, 2025 Ram Murti WRIA No. 12939 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench