Prem Narain Nigam vs State of U.P. and Others

Sudhir Agarwal, J.—List has been revised. None appears for the petitioner. However, I have perused the record.

The writ petition is directed against the order dated 7th June, 1977 whereby the petitioner was terminated. It appears that he was working as Principal at Adarsh Higher Secondary School, COD, Kanpur. The Management, having taken a decision to close down the institution w.e.f. 7th June, 1977, services of the entire staff was terminated by means of the impugned order.

It appears that aggrieved by the order of termination, the petitioner approached this Court by means of the writ petition No. 2297 of 1977 which was dismissed on 30th January 1978 with the following order:

In the special circumstances of the present case this petition is premature. The District Inspector of Schools has not rejected the petitioner''s claim for salary, instead he has informed the petitioners that the matter is still under consideration with the higher authorities. No final decision in the matter has been taken. The petitioners have approached this Court at a premature stage. We hope the authorities will decide the matter as early as possible. The petition is rejected.

Thereafter again the petitioner approached this Court by means of the writ petition No. 3313 of 1982. In the said writ petition, the petitioner sought a mandamus commanding the respondents to pay salary since 1977 on the ground that the order of termination is wholly without jurisdiction having been passed without any approval, the petitioner deemed to be in continuous service and therefore, entitled for salary. The aforesaid writ petition was dismissed by a Division Bench of this Court consisting of Hon''ble Satish Chandra, CJ and Hon''ble Justice B.D. Agarwal on 28th January, 1983.

It appears that in the meantime the petitioner approached the Deputy Director of Education who passed an order directing absorption of the petitioner in the other institution. However, the petitioner preferred writ petition No. 22483 of 1987 challenging the termination order of 1977 on the ground that the same, having been passed without approval of the District Inspector of Schools, is illegal. This submission was negatived by this Court vide judgment dated 7th August, 1997.

Now, again the petitioner has preferred this writ petition challenging the termination order of 7th June, 1977 on the ground that the same having been passed without approval of the District Inspector of Schools is illegal. This issue, having already been decided against the petitioner vide judgment dated 7th August, 1997 cannot be allowed to be agitated again in a fresh writ petition. The issue, having been attained finality, bars second writ petition challenging the same order on the same ground.

The writ petition is thoroughly misconceived. Dismissed.