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Allahabad High Court

NARAYAN DASversusUTTAR PRADESH STATE ROADWAYS TRANSPORT CORPORATION AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as it is misconceived and lacks merit because the earlier order had become final and was not challenged.

Summary

The petitioner, Narayan Das, filed a writ petition seeking continuation of his contractual post as a conductor with UPSRTC, alleging that the authority had not retained his services. The respondents pointed out that a prior writ (Writ A No. 5748 of 2017) had resulted in an order dated 07.02.2017 directing the authority to decide his representation, and the competent authority subsequently rejected his claim by an order dated 31.03.2017, which became final as the petitioner did not challenge it. The petitioner claimed ignorance of the 31.03.2017 order. The Court examined the record, noted that the order had been served on 24.04.2017 and that the petitioner had not appealed against it, thereby attaining finality. Consequently, the Court held that the present writ petition was devoid of merit and dismissed it. The dismissal was based on the principle that a final administrative order cannot be relitigated through a fresh writ petition without a fresh challenge.

Issues considered

  • Whether the petitioner can file a fresh writ petition challenging an order that has become final without any prior appeal.
  • Whether the writ petition is maintainable in view of the earlier adjudication and finality of the 31.03.2017 order.

Subjects

  • contractual employment
  • conductor
  • writ petition
  • finality of order
  • administrative law
  • challenge of order

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - A No. - 6674 of 2026

Narayan Das
                                                             .....Petitioner(s)
                                   Versus

Uttar Pradesh State Roadways Transport Corporation
And 2 Others                                               .....Respondent(s)

Counsel for Petitioner(s)         :   Bhaskar Bhadra, Rajveer Chaurasiya
Counsel for Respondent(s)         :   Alka Upadhyay

Court No. - 33
                    HON'BLE DINESH PATHAK, J.


1. Heard learned counsel for the petitioner and Sri Manish Tiwari, learned
Advocate holding brief of Ms. Alka Upadhyay, learned counsel for the
UPSRTC and perused the record on board.

2. The petitioner has raised a grievance against the contesting respondents
for not retaining his services on the post of a Conductor on a contractual
basis.

3. Learned counsel for the respondents has contended that the petitioner had
earlier filed a writ petition being Writ A No. 5748 of 2017 (Vinod Kumar
Srivastava and 13 Others vs. State of UP and 4 Others). The said writ
petition was decided by order dated 07.02.2017 directing the authority
concerned to decide the representation moved by the petitioner regarding his
claim for continuation on the post of Conductor on a contractual basis. The
competent authority, in pursuance of the order dated 07.02.2017, has
rejected the claim of the present petitioner, namely, Narayan Das, vide order
dated 31.03.2017, which became final inasmuch as the same has not been
assailed by the present petitioner before any competent authority. A copy of
the order dated 31.03.2017 has been submitted by the learned counsel for the
respondents during the course of the argument, which is taken on record. A
copy of the said order is served upon the learned counsel for the petitioner
today in Court.


4. Learned counsel for the petitioner submits that he was not aware about the
                                                                                               WRIA No. 6674 of 2026
                                                                     2


                                    order dated 31.03.2017 passed by the competent authority against the
                                    petitioner.


                                    5. Perusal of the order dated 31.03.2017 evinces that the grievance of the
                                    petitioner was already redressed by the competent authority and the said
                                    order was received by the employee (petitioner) on 24.04.2017. Since then,
                                    considerable time has elapsed; however, the petitioner has failed to
                                    challenge the order dated 31.03.2017, and the same has thus attained
                                    finality.


                                    6. In view of the above, there is no force in the instant writ petition. As such,
                                    the same, being misconceived and devoid of merits, is dismissed.


                                    May 5, 2026
                                    vinay
                                                                                                (Dinesh Pathak,J.)




Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad


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