HARISH CHANDRA VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Special Appeal is directed against judgment and order dated 13.10.2014, passed by learned Single Judge in Service Single No. 7360 of 2004, Harish Chandra Verma Vs. The State of U.P. through Principal Secretary, Department of Cooperative, Lucknow wherein an application moved for recall of the order dated 11.03.2005 has been dismissed and mention has been made that as regards the retiral benefits, the same is separate cause of action, for which it is always open to the petitioner-appellant to take such remedy as is available to him under law.

(2.) On the matter being taken up today, it has been submitted on behalf of the petitioner-appellant that as far as Ramesh Chandra Verma is concerned, he has been imleaded and arrayed as opposite party No.5 in the writ petition for the simple reason that the petitioner-appellant was claiming that though Ramesh Chandra Verma was junior to him, all such benefits have been extended to him and accordingly similar benefits may be given to him. Petitioner-appellant submits that as against Ramesh Chandra Verma no relief whatsoever was being claimed and his name has been cited in the array of respondents only by way of an exemplar and in view of this even if no steps have been undertaken by the petitioner-appellant for effecting service as against him and the writ petition in question has been dismissed by invoking the provision of Chapter XII Rule 4 of the High Court Rules then the writ petition in question should be accepted to have been dismissed as against the aforementioned opposite party and against the said opposite party no relief could have been accorded but as against other opposite parties the claim of the petitioner ought to have been examined on merits instead of treating the writ petition as having been dismissed against the other opposite parties as well.

(3.) In order to appreciate the argument that has been so advanced, we proceed to examine, at this juncture, the provisions of Chapter XII Rule 4 of High Court Rules. The relevant extract of the same is as follows:-