PATI RAM Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER , by means of present writ petition under Article 226 of the Constitution of India, has challenged the order dated 23rd August, 2002, passed by the respondent No. 4, a copy whereof is annexed as Annexure -'21' to the writ petition, whereby the respondent No. 4 has deducted an amount of Rs. 1,72,779.50.

(2.) LEARNED Counsel for the petitioner has filed an application for amendment wherein he has sought for to add para No. 26 -A and ground No. V, which are reproduced below :

(3.) THE petitioner communicated the aforesaid order passed by this Court before the authority concerned, pursuant to which, according to the petitioner, he was allowed to work on his post from where he was superannuated on 30th June, 1993. The aforesaid writ petition No. Nil of 1993 (subsequently numbered as Writ Petition No. 23191 of 1993) came up for hearing before this Court and was dismissed vide its judgment and order dated 14th October, 1997. Against the judgment and order dated 14th October, 1997, petitioner filed Special Appeal No. 977 of 1997, which was also dismissed by the Division Bench of this Court vide its judgment and order dated 15th May, 2000 and the judgment of learned single Judge was affirmed by Division Bench of this Court. Petitioner thereafter preferred a Special Leave Petition before Hon'ble Supreme Court, which too was dismissed by Hon'ble Supreme Court vide order dated 27th September, 2000. The judgment of learned single Judge, which was passed after exchange of counter and rejoinder -affidavits, learned single Judge has recorded findings in the following words: