ANIL KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.B. Tripathi, learned Counsel for the petitioner as well as learned. Standing Counsel appearing for respondent No. 1 and Sri Neeraj Tiwari, learned Counsel appearing for respondent Nos. 2, 3 and 4.

(2.) The petitioner is an employee of the Nagar Panchayat, Siswan Bazar, Maharajganj. By an Order dated 2.12.1999 of the Project Director, State Urban Development Agency (S.U.D.A.)., the petitioner was taken on deputation with S.U.D.A. till the regular arrangement was made by S.U;D.A. or until further Orders. The petitioner accordingly joined S.U.D.A. on 6.12.1999. Thereafter by an Order dated 30.12.2003 the petitioner was sent back by the Director, S.U.D.A. to his original post in Nagar Panchayat, Siswan Bazar, Maharajganj. Aggrieved by the said Order the petitioner filed Writ Petition No. 4089 of 2004 which was dismissed by this Court on merits vide judgment and Order dated 6.2.2004.

(3.) After the dismissal of the aforesaid writ petition, the petitioner filed another Writ Petition No. 7177 of 2004 through a different Counsel again challenging the same Order dated 30.12.2003. On humanitarian considerations, after taking into account the fact that the children of the petitioner were studying in schools in Maharajganj and on an undertaking given on behalf of the petitioner, the said petition was disposed of by this Court on 26.2.2004 in terms of the undertaking that by third week of May, 2004 the petitioner shall join the post of which he had been reverted back by Order dated 30.12.2003. It was further specified in the said Order that in case if the petitioner did not join by third week of May, 2004, the respondents would be at liberty to take departmental action against the petitioner in accordance with law. It is pertinent to mention here that the second Writ Petition No 7177 of 2004 had been filed without disclosing the fact of filing earlier Writ Petition No. 4089 of 2004 on the same cause of action, or else the said direction may not have been issued,