- (1.) Heard learned counsel for the petitioner and learned Standing Counsel. Facts in brief of the present case are that initially petitioner filed Claim Petition No. 1987 of 1997, which was admitted by order dated 29.9.1997 passed by State Public Services Tribunal, Lucknow (in short "Tribunal"). Subsequently, by order dated 2.9.2004, the said claim petition was dismissed in default, which reads as under :- "None appears on behalf of the petitioner and on last date also, none was present in the Court, hence, the claim petition is dismissed in default. "
(2.) Thereafter, an application (Restoration Application No. 103 of 2009) for recall of the order dated 02. 09. 2004 passed in Claim Petition No. 1987 of 1997 was moved, which was also dismissed by order dated 01.10.2009. The same reads as under :- "A restoration application has been filed to recall the order dated 2.9.2004 and has been prayed that petition be restored to its original number. It has been pointed out that claim petition had been filed through Sri Asif Husain, Advocate and CA/WS and R. A. were duly exchanged but later since the learned counsel for the petitioner did not appear the claim petition was dismissed in default on 2.9.2004. Since he did not receive any information about the status of the claim petition he contacted Sri R. C. Dwivedi, Advocate and Sri Rajan Roy, Advocate and after inspection of relevant file on 29.6.2009 he came to know that claim petition had been dismissed in default. According to him a similar claim petition no. 1986/ 97 Uma Shankar Verma vs. State of U. P. and others , had been finally decided on 22.1.2007. He has prayed to restore the claim petition on its original number. Petitioner had filed this restoration application on 28.7.2009 while the claim petition was dismissed in default on 2.9.2004 and none had been appearing in the case after 5.9.2003. The restoration application is highly time barred and reasons afforded by the petitioner are not found to be sufficient. Accordingly, the petitioner is not eligible for any relief and the restoration application is dismissed. Consign to record. "
(3.) In view of the above said factual background, the petitioner has approached this Court by filing the present writ petition for quashing the orders dated 01. 10. 2009 as well as 02. 09. 2004 passed by State Public Services Tribunal, Lucknow.;