Court No. - 1 Case :- WRIT - A No. - 23550 of 2009 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- M.B. Mathur Respondent Counsel :- C.S.C. Hon'ble Rakesh Tiwari,J.
Order on Civil Misc. Recall Application No. 94407 of 2009
Heard learned counsel for the applicant-petitioner and perused the order dated
11.5.2009.
Contention of learned counsel for the petitioner was that father and mother
both were employed and after the death of his father during the service period,
the petitioner was entitled for appointment under the Dying in Harness Rules.
The writ petition was dismissed by a detailed order dated 11.5.1999. The
counsel had withdrawn the writ petition when the Court was about to dismiss
the petition. The mother is already in employment and it does not appear that
the family is in indigent circumstances.
In view of the fact that the case has already been decided on merit when it has
been prayed by the counsel for the applicant by means of this application that
the case may be decided again on merits, this plea is not tenable and such
application is the misuse of the process of the Court. The recall application
has no force and is accordingly rejected for the reasons given in the order
dated 11.5.2009.
The petitioner shall pay Rs.30,000/- as cost to be deposited in Mediation and
Conciliation Centre, High Court, Allahabad within a period of one month
from today. In case of failure to deposit the aforesaid amount within the time
allowed by the Court, the same shall be recovered by coercive measures.
Order Date :- 27.7.2010
CPP/-