SHYAM NARAIN DWIVEDI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Mr Yatindra Singh, learned Addl. Advocate General appearing on behalf of Respondent Nos. 1 & 2 assisted by Mr K.R. Singh, learned Standing Counsel, raises a preliminary objection as to maintainability of the writ petition on the ground that petitioner's Writ Petition No. 42253 of 1993 filed on the same cause of action for the same relief having been dismissed as withdrawn, the petitioner is not entitled to maintain a second writ petition Mr S.P. Gupta, however, had opposed the said contention and pointed out that earlier writ petition having been dismissed as withdrawn at that stage, the same will not affect maintainability of this writ petition.

(2.) Both the learned Counsel had, however, addressed the Court on merits of the case with regard to fixation of seniority between the petitioner, a direct recruit alleging to be of the same year above the regularised candidates. Since a preliminary objection has been mised, before entering into merits of the case, let us examine the merit of the preliminary objection.

(3.) For the purpose of examining preliminary objection, it would be necessary to refer to the facts as would be relevant for such purpose. In as much as without reference to the facts, it is not possible to decide the preliminary objection in the present case. As such brief facts as are necessary for the present purpose, are being summarised as hereinafter.