DHARMENDRA KUMAR YADAV Vs. STATE OF U. P.
LAWS(ALL)-2021-7-138
HIGH COURT OF ALLAHABAD
Decided on July 30,2021

DHARMENDRA KUMAR YADAV Appellant
VERSUS
STATE OF U. P. Respondents

JUDGEMENT

Rajesh Singh Chauhan,J. - (1.) Heard Sri Ajay Kishor Pandey, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) By means of this petition, the petitioner has prayed following reliefs:- "i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25/11/2017 passed by Opposite party no.3. ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay all back wages, increment with 12% interest and the seniority maintained at the time of joining."
(3.) Learned counsel for the petitioner has contended that since the impugned order of dismissal was illegal and arbitrary, therefore, it was quashed by this Court vide judgment and order dated 17.11.2016 passed in Service Single No.9088 of 2016; Dharmendra Kumar Yadav Vs. State of U.P. and others. Sri Pandey has further submitted that the judgment and order dated 17.11.2016 has not been assailed by the State Government by filing appeal before this Court or before the Hon'ble Supreme Court, therefore, the judgment and order dated 17.11.2016 has attained finality. Learned counsel for the petitioner has further submitted that even the reason indicated in the impugned order, which was quashed by this Court, has also lost its efficacy inasmuch as in the criminal case indicated in the impugned order, the petitioner has already been acquitted.;


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