MAHESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant retired from the post of Senior Clerk on 30 June 2004 from Nagar Palika Parishad, Mathura. Initially, he filed a writ petition, being Writ -A No.52539 of 2006 for the release of his retiral dues. The objection of the respondents was that unless the appellate vacates his official accommodation and submits a no dues certificate, his retiral dues could not be released. The writ petition was disposed of on 19 February 2013 by directing the Executive Officer of the Nagar Palika Parishad to decide the representation to be moved by the appellant in accordance with law. The appellant thereafter moved a second writ petition, being Writ -A No.46452 of 2013 in which, the following order was passed on 9 September 2013:

(2.) IT is not in dispute that the second writ petition was also for the release of retiral dues. The appellant then filed a third writ petition, being Writ -A No.7424 of 2014 in which, on 12 February 2014, permission was granted, as prayed, for the withdrawal of the writ petition with liberty to file a fresh writ petition. The appellant then filed a fourth writ petition, being Writ -A No.16449 of 2014, which has been dismissed by the impugned order of the learned Single Judge dated 26 March 2014, holding that the writ petition was not maintainable since Writ -A No.46452 of 2013, for similar relief, was dismissed as withdrawn (without any liberty reserved to file a fresh writ petition).

(3.) AT the hearing of the special appeal, learned counsel appearing on behalf of the appellant has stated that the appellant is advised to move a suitable application for review or recall, as the case may be, of the order dated 9 September 2013 in Writ -A No.46452 of 2013 in order to lift the objection to the maintainability of a subsequent writ petition on the subject.