MANOJ KUMAR PRABHAKAR @ SHYAM SUNDAR v. THE STATE OF U.P. AND 3 OTHERS
WRIA/3822/2025 · 2025-05-22
Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34024 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34024 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88302 Court No. - 7 Case :- WRIT - A No. - 3822 of 2025 Petitioner :- Manoj Kumar Prabhakar @ Shyam Sundar Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Learned Standing Counsel has obtained instructions and submitted the same for perusal of the Court, copy of which is taken on record.
3. This petition is yet another petition in a series of petitions involving dispute between the petitioner and one Jeet Bahadur regarding compassionate appointment in the respondent- B.R.D. Medical College, Gorakhpur. In this petition, Jeet Bahadur has not been impleaded.
4. From the record, it is evident that by means of a detailed
judgment dated 12.2.2020 passed in Writ-A No. 9676 of 2011 filed by Jeet Bahadur, the writ petition was allowed and the impugned
order dated 9.12.2010 passed by the respondent no. 2 terminating the services of Jeet Bahadur and according appointment to the petitioner was quashed. Further direction was given commanding the respondents to ensure that the period of service rendered by the petitioner on the basis and strength of the interim order passed in that petition was duly taken into account for computation of future benefits.
5. It appears that pursuant to a representation dated 1.7.2024 before the State Government, the Deputy Secretary of the U.P. Government addressed a letter dated 3.10.2024 to the Principal of the State Medical College, Gorakhpur directing him to take a decision in the matter of cancelling the appointment of Jeet Bahadur and appointing the petitioner in the B.R.D. Medical College. It is this letter that the petitioner seeks enforcement of by means of this petition.
6. Given the detailed judgment passed in the aforementioned Writ- A No. 9676 of 2011, the matter of entitlement of the petitioner to obtain compassionate appointment on the post on which the aforesaid Jeet Bahadur has obtained appointment has been settled and has attained finality. The petitioner, in view of the various judgments of this Court, has no right whatsoever to claim appointment as sought for by means of the representation dated 1.7.2024 or by any other means. In opinion of the Court, the instant writ petition, apart from being misconceived, is also an abuse of the process of the Court.
7. The aforesaid letter dated 3.10.2024 written by the Deputy Secretary to the Principal is wholly unwarranted and cannot be given any credence.
8. This petition is, therefore, dismissed with cost. Let copies of this order be sent by the Registrar (Compliance) to the Principal Secretary, Medical Education, Government of U.P., and to the respondent no. 4.
Order Date :- 23.5.2025 A. V. Singh (Jayant Banerji, J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad