Court No. - 26 Case :- WRIT - A No. - 34948 of 1992 Petitioner :- R. Singh Respondent :- D.I.O.S. Petitioner Counsel :- Ashok Kumar,Ashok Khare Respondent Counsel :- S.C.,A.P. Tiwari Hon'ble Shishir Kumar,J.
Heard learned counsel for the applicant.
This writ petition was dismissed for non-appearance of the petitioner on
30.07.2003. By means of this application, petitioner submits that his claim
was accepted by the authorities concerned by order dated 15.09.1994, but the
same was not brought to the notice of the Court, when the order was passed
dismissing the writ petition. Now, petitioner has also been promoted. The
effect of the order dated 30.07.2003 is that the respondent has threatened the
petitioner that he will be terminated as his writ petition has already been
dismissed.
In view of the aforesaid fact, I am of the view that order dated 30.07.2003 is
liable to be recalled. Order dated 30.07.2003 is hereby recalled and the writ
petition is restored to its original number. As the claim of the petitioner has
already been considered and decided in his favour in the year 1994, there is no
necessity to decide this writ petition on merits.
The writ petition is treated to be disposed of accordingly.
No order as to costs.
Order Date :- 3.2.2010
NS