DURGA PRASAD SAHU Vs. GURU GHASI DAS UNIVERSITY

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 05.01.2021 passed by learned Single Judge, whereby the Writ Petition filed by the appellant has been dismissed considering that the 2nd Writ Petition for the same cause of action would not be maintainable.

(2.) Relevant facts for disposal of this appeal are that appellant was initially appointed on the post of Peon on 05.03.1984 vide Annexure P1. At the time of his appointment, he was not possessed with qualification of Matriculation, which he obtained in the year 1995. After informing the respondents with regard to his passing Matriculation examination, he was considered for promotion on the post of LDC (Lower Division Clerk) and was promoted on the post of LDC on 12.01.1996 vide Annexure P2 along with other two persons, namely, Shri Sunder Lal Jaiswal and Shri Rama Chandra Raj (since deceased).

(3.) Appellant filed a Writ Petition-2379 of 2004 (1st Writ Petition) which came to be dismissed by learned Single Judge on 01.07.2014 vide Annexure P4. While dismissing the Writ Petition, learned Single Judge has made an observation that if the appellant prefers fresh Writ Petition on the ground that any employee who was born in cadre of LDC with him have been subsequently promoted ignoring his candidature, the order of dismissal would not come in the way of the petitioner/appellant.