DHARMENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri D.P. Tripathi, Advocate, holding brief of Sri K.K. Tripathi, learned counsel for petitioner, Sri Neeraj Kumar Mishra, learned Standing Counsel for State-respondent and Sri Shiv Nath Singh, learned counsel appearing for respondents 2 and 3.

(2.) PETITIONER, Dharmendra Singh, by means of this writ petition filed under Article 226 of the Constitution of India has sought writ of certiorari quashing order dated 22.12.2008 (Annexure 20 to writ petition) rejecting his request for regularization and has also sought a writ of mandamus commanding respondents to reinstate him in service on the parity of petitioners of Writ Petition No. 7942 of 1994 decided on 24.4.2000 and to regularize him within such time as determined by this Court.

(3.) PETITIONER's claim was rejected by order dated 8.1.2007 (Annexure 16 to writ petition) whereagainst he again filed writ petition no 13138 of 2007 which was disposed of vide judgment dated 25.9.2008 copy of the said judgment is Annexure 17 to writ petition and it would show that it is verbatim reproduction of judgment dated 17.10.2006 in the earlier writ petition of present petitioner no. 25755 of 2002. It appears that petitioner's counsel did not bring to the notice of this Court that with the same direction petitioner's earlier writ petition has already been decided whereafter the order dated 8.1.2007 was passed. The impugned order in the present case has been passed pursuant to the direction issued by this Court second time i.e. in second writ petition of the this petitioner. The fact remains that the order dated 8.1.2007 passed by the competent authority pursuant to judgment dated 17.10.2006 has not been touched and the same has attained finality. Respondents have passed the order impugned in the writ petition which also reiterate the facts and decision of the respondents as mentioned in the order dated 8.1.2007.