Court No. - 38 Case :- WRIT - A No. - 3754 of 2009 Petitioner :- Raj Pati Upadhyay & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Y. Pandey Respondent Counsel :- C.S.C.,Ashok Mehta Hon'ble Sibghat Ullah Khan,J.
In this writ petition, learned standing counsel represents respondent nos. 1 to
4 however, he has opted to file counter affidavit of Shri Rajendra Kumar
Pandey, Assistant Accounts Officer, Pension Directorate U.P., Lucknow only
on behalf of respondent no.4 as stated in para 1 of the counter affidavit.
Learned standing counsel represents respondent nos. 1 to 4 hence either he
should have filed one counter affidavit on behalf of all the respondents or four
different counter affidavits i.e. separate counter affidavit on behalf of each
respondent. If there is no liaison between all the state respondents, filing of
counter affidavit on behalf of only one of the respondents may amount to
admission of the whole case on behalf of the remaining state respondents. The
court places on record its great dis-pleasure at this recent practice. State
Government and its authorities shall take care that this irritating situation does
not occur in future otherwise court may start to presume that those state
respondents on whose behalf counter affidavit is not being filed inspite of
filing of counter affidavit on behalf of some of the state respondents are
categorically admitting the case of the petitioner.
List peremptorily on 30.8.2010. If counter affidavit on behalf of respondent
nos. 1 to 3 or any of them is not filed by the next date it will clearly mean that
the respondent or the respondents not filing the counter affidavit are admitting
the case of the petitioner.
Office is directed to supply a copy of this order free of cost to Shri
S.S.Sharma, learned standing counsel by 10.8.2010 for sending the same to
the Chief Secretary and Principal Secretaries of all the departments.
Order Date :- 6.8.2010