ANKIT KUMARversusSTATE OF U.P. THRU ADDL. CHIEF SECY. HEALTH and FAMILY and ORS.

Court No. - 8

Case :- WRIT - A No. - 29002 of 2019

Petitioner :- Ankit Kumar
Respondent :- State Of U.P. Thru Addl. Chief Secy. Health And Family And Ors.
Counsel for Petitioner :- Prahlad Maurya,Alok Kr. Misra,Anam Som Ratna
Maurya,Neelam Kumari,Ram Phal
Counsel for Respondent :- C.S.C.

Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel appearing for the petitioner and learned
Additional Chief Standing Counsel appearing for the State.

2. This writ petition under Article 226 of the Constitution of India has been
filed seeking appointment of the petitioner for appointment under The U.P.
Recruitment of Dependants of Government Servants Dying in Harness
Rules, 1974 (hereinafter referred to as 'the Rules, 1974') in accordance with
the order dated 04.07.2018 passed in Inspector General (Stamp &
Registration), Lucknow.

3. This is second petition claiming appointment on compassionate ground
under Rules, 1974. First writ petition being Writ Petition No.19158(SS) of
2017 was dismissed by this Court vide order dated 18.09.2017. Operative
portion of the order dated 18.09.2017 would read as under:-

     "3. Since the petitioner's adoption is not in accordance with law, as
     such no direction can be issued for grant of compassionate
     appointment, as is prayed in this matter. The order of Deputy Director
     (Administration) dated 21st June, 2017, therefore, does not require
     any interference and the challenge laid to the order fails.

     4. A direction, however, is issued to the I.G. (Registration & Stamps)
     to examine the issue as to how a document of 1997 has been
     entertained for registration in 2014, without any orders passed by the
     competent court and appropriate steps, as may be required to be drawn
     to deal with the situation, shall be undertaken, within a period of two
     months from the date of presentation of certified copy of this order.
     Learned Standing Counsel is directed to communicate this order to the
     I.G. (Registration & Stamps), within a week from today.

     5. Writ petition is, accordingly, consigned to records.

     6. Copy of this order shall be supplied to the learned Standing
     Counsel within 48 hours, without any charges."

4. After filing this petition, order sheet would disclose that on each and
                              every date when the matter was listed, counsel for the petitioner sought
                              adjournment on one pretexts or the other.

                              5. When the case was listed on 22.10.2019, counsel for the petitioner made
                              a request for adjournment and the case was directed to be listed on
                              07.11.2019.

                                     On 07.11.2019, the case was directed to be listed in the next week on
                              15.11.2019.

                                   On 15.11.2019, again counsel for the petitioner sought adjournment, and
                              it was directed to list the case in the next week on 22.03.2021.

                                    On 22.03.2021, counsel for the petitioner sought adjournment and the
                              case was directed to be listed on 29.04.2021.

                                     On 16.11.2022 counsel for the petitioner prayed for adjournment and the
                              case was adjourned and directed to be listed in the week commencing
                              19.12.2022.

                                   On 09.01.2023 counsel for the petitioner again prayed for adjournment,
                              and the case was directed to be listed in 3rd week of February, 2023.

                                   Again on 19.04.2023 counsel for the petitioner sought adjournment on
                              the ground of his ill health and, therefore, the matter was directed to be
                              listed peremptorily in the next cause list. Thus, the case is listed
                              peremptorily today.

                              6. Despite the matter being listed peremptorily, learned counsel appearing
                              for the petitioner has sought adjournment on the ground of him being out of
                              station today. As the matter is listed peremptorily today, no request for
                              adjournment can be accepted. Even otherwise, second petition for the same
                              cause of action is not maintainable and therefore, this petition is dismissed
                              for want of prosecution as well as on merit.

                                                                                (Dinesh Kumar Singh, J.)

                              Order Date :- 3.5.2023

Digitally signed by :-        prateek
PRATEEK ARORA
High Court of Judicature at Allahabad,
Lucknow Bench