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2025 DAILYLAW 47679 (ALL)

AVANEESH KUMAR SULLERE v. STATE OF U.P. AND 5 OTHERS

WRIA/5343/2025 · 2025-04-23

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62735 Court No. - 4 Case :- WRIT - A No. - 5343 of 2025 Petitioner :- Avaneesh Kumar Sullere Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Prakash Rai Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties. By means of present petition, filed under Article 226 of the Constitution, petitioner has assailed the order dated 24th April, 2023, whereby his gratuity has been withheld on account of recovery ordered from his post retirement dues vide order dated 1.8.2024. Learned counsel forth petitioner submits that recovery has already been challenged before this Court in Writ A No. 19570 of 2024, which has come to be stayed vide order dated 10.12.2024. In the considered view of the Court, petitioner ought to have challenged this order also alongwith recovery order in writ petition no. 19570 of 2024. Second writ petition in the mater where the order of recovery as a consequence to the order of dated dated 24.4.2023 was challenged, is not entertainable. Cause of action is interrelated, and therefore, liberty rests with the petitioner to challenge this order as raised in the present petition in pending writ petition. Subject to the aforesaid liberty, this petition stands consigned to records. Order Date :- 24.4.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad