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2025 DAILYLAW 60364 (ALL)

PAHARI LAL (DRIVER) v. STATE OF U.P. AND 3 OTHERS

WRIA/7007/2025 · 2025-05-19

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84919 Court No. - 5 Case :- WRIT - A No. - 7007 of 2025 Petitioner :- Pahari Lal (Driver) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Counsel for Respondent :- Awadhesh Kumar Saxena,C.S.C. Hon'ble Ajay Bhanot,J. By the impugned order the service of the petitioner has been terminated. Sri Awadhesh Kumar Saxena, learned counsel for the respondent contends that the petitioner has an alternative remedy of filing an appeal against the order of termination under Regulation 69 of the Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981. Faced with this Shri Rajeev Kumar, learned counsel for the petitioner does not press the relief sought in the writ petition and recasts his relief. He contends that the appeal has become time barred as he was pursuing the writ remedy in all bonafides. In wake of preceding submission, the prayers in writ petition are declined on grounds of alternative remedy. However, the writ petition is disposed of with the following directions: 1. The petitioner may file an appeal under the relevant provisions of law within a period of one month. In case such appeal is filed within the aforesaid period, the same shall be heard on merits and without going into the issue of delay. 2. The appeal shall be decided within a period of three months from the date of filing of the appeal along with a certified copy of this order. Order Date :- 20.5.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad