Union of India and 4 Others v. Ahibaran Singh and Another

Court No. - 39 Case :- WRIT - A No. - 4881 of 2019 Petitioner :- Union Of India And 4 Others Respondent :- Ahibaran Singh And Another Counsel for Petitioner :- Purnendu Kumar Singh,Sri Shashi Prakash Singh (A.S.G.I) Counsel for Respondent :- Rakesh Verma,Sunil,Upendra Kumar Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J. Ref.:Civil Misc. Delay Condonation Application

¶1Heard Mr. Upendra Kumar, learned counsel for the respondents-applicant and Mr. Purnendu Kumar Singh, learned counsel for the petitioner-Union of India.

¶2Cause shown for the delay in filing of the Substitution Application is to the satisfaction of the Court.

¶3The delay is condoned.

¶4This application stands allowed.

¶5Civil Misc. Substitution Application be treated to be within time. Ref.:-Civil Misc. Substitution Application

¶1Heard Mr. Upendra Kumar, learned counsel for the respondents-applicant and Mr. Purnendu Kumar Singh, learned counsel for the petitioner-Union of India.

¶2This is an application for substituting the legal heirs of Ahibaran Singh i.e. respondent no.1, namely, Smt. Kalindri Devi, Raj Kumar, Rajesh Kumar and Manju Devi, as respondent no.1/1, respondent no.1/2, respondent no.1/3 and respondent no.1/4 respectively.

¶3Since no objection has been raised by the learned counsel for the respondents, this application is deemed to be allowed.

¶4Necessary substitutions are also deemed to have been carried out. Ref.:-Memo of Petition

¶1Heard Mr. Purnendu Kumar Singh, learned counsel for the petitioner-Union of India and Mr. Upendra Kumar, learned counsel for the respondents.

¶2The present writ petition has been filed for the relief as below: "(I) Issue a writ, order or direction in the nature of certiorari quashing the judgment and order dated 28.08.2018 passed by respondent No. 2 in Original Application No 330/000182/2011. m;n (II) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(III) Award the cost of the writ petition to the petitioners."

¶3Besides the submissions raised and noted in the leading case, it has been further submitted, no regularization may have arisen contrary to relevant Rules applicable on postal employees. They cannot be pre-existing.

¶4By a detailed order passed today, Writ-A No. 10505 of 2023 (Union of India & 2 Others vs. Heeral Lal & Another) has been dismissed. For the reasons contained in that order, the present petition must be in the same fate. Accordingly, the present writ petition is dismissed. (Shiv Shanker Prasad, J.) (Saumitra Dayal Singh, J.) Order Date :- 1.12.2023 Sushil/- High Court of Judicature at Allahabad