Court No. - 18 Case :- WRIT - A No. - 38776 of 2010 Petitioner :- Madhaw Ram Respondent :- The Chairman U.P. Power Corporation Lko. And Others Petitioner Counsel :- Mannu Chaudhary Respondent Counsel :- Sandeep Kumar Srivastava Hon'ble Arun Tandon,J.
Petitioner by means of the present writ petition seeks fixation
of final pension, G.P.F., leave encashment and other retiral
benefits.
From the records of the present writ petition it is clear that the
petitioner had approached this Court earlier by means of Civil
Misc. Writ Petition No. 51207 of 2000 making a similar
grievance. The writ petition was decided under an order
dated 24.11.2000 requiring the respondents to consider the
grievance of the petitioner within the time specified. In
paragraph 17 it is stated that since his grievance was not
considered, the petitioner contacted his counsel in the year
2001 and he has advised him to file a contempt petition. On
15.05.2010 the petitioner again visited Allahabad High Court
and has been informed that no such contempt petition has
been filed. Hence this petition.
This Court cannot accept such bald allegation inasmuch as
there is nothing on record to establish that the petitioner had
sworn any affidavit in support of the contempt petition. There
is no averment that the petitioner had filed any complaint,
before the Bar Council, against the conduct of his earlier
counsel and lastly no reasonable man will wait for 10 years to
obtain knowledge of the outcome of contempt proceedings
undertaken. The aforesaid reasons lead to conclusion that
the averments made in paragraph 17 and 18 of the writ
petition are clearly an afterthought and an attempt has been
made to somehow or the other to approach this Court for the
second time for the same relief. The practice cannot be
approved of, therefore, this Court refuses to exercise its
jurisdiction under Article 226 of the Constitution of India.
Writ petition is dismissed.
Dated : 07.07.2010
VR/38776/10