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2016 DIGILAW 2966 (ALL)

Shashank Datta Dwivedi v. State of U. P. Thru. Prin. Secy. (P. W. D. ) Civil Sectt.

2016-08-29

DILIP B.BHOSALE, RAJAN ROY

body2016
JUDGMENT Heard Sri Siddharth Srivastava, learned Counsel for the petitioner, learned Standing Counsel for Respondent No.1 and Sri Shishir Jain, learned Counsel for the respondent nos.2 to 5. This writ petition has been filed by the Engineers of U.P. Rajkiya Nirman Nigam. Relief No.1 challenging the vires of paragraph 5 and 6 of the Working Manual 1984 of the Nigam has been not pressed, as has been recorded in the order of this court dated 26.8.2016. Now, the only relief which remains to be considered is Relief No.2 which as under: "Issue a writ order or direction in the nature of Mandamus directing opposite parties not to grant any official power and responsibility of the Engineers of the Uttar Pradesh Rajkiya Nirman Nigam Limited to the Fourth Class employees of Uttar Pradesh Rajkiya Nirman Nigam Limited in future under the garb of pararaph 526 of the Working Manual 1984 of the Uttar Pradesh Rajkiya Nirman Nigam Limited, in the interest of justice." Learned counsel for the petitioner candidly submits that earlier some orders were issued by which certain Class IV employees or those ineligible were assigned the work of measurement referred in paras 5 to 6 of the aforesaid Manual 1984, which was the cause of action for filing this writ petition, but, on the intervention of the petitioners herein, the Managing Director had withdrawn those orders, however, he insists that the same practice may be adopted in future also, therefore, this court should issue necessary directions prohibiting the same. Having considered the issue involved we are of the view that the cause of action for filing the writ petition does not survive any further in view of the remedial action taken by the Managing Director of the Nigam, as is admitted by the petitioner herein. We would not like to venture into any exercise based on a presumption that such an error would be repeated in future. For the reasons aforesaid, nothing survives in the writ petition. Same is disposed of accordingly.