Surya Narayan Pandey vs State Of ...
2018 Latest Caselaw 834 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 14906 of 2018
 
Petitioner :- Surya Narayan Pandey
 
Respondent :- State Of U.P.Throu,Prin.Secy.Cooperative U.P.Lko.And Ors.
 
Counsel for Petitioner :- Rajesh Kumar Awasthi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Rajesh Kumar Awasthi, learned counsel for the petitioner.

Notices for opposite parties have been accepted by the office of the learned Chief Standing Counsel.

By means of this writ petition, the petitioner has assailed the Office Memo dated 15.02.2018, passed by the Additional Chief Secretary, Department of Co-operative, Government of U.P., Lucknow, whereby the benefit prayed by the petitioner which has been provided to the identically placed person, namely, Sri Chandra Prakash Pandey, has been rejected. The aforesaid impugned order provides that the nature of the appointment of the petitioner is entirely different from the nature of appointment of Sri Chandra Prakash Pandey. Learned counsel for the petitioner has drawn attention of this Court towards Annexure Nos.3 & 4 to the writ petition, which is appointment order of the petitioner, whereas Annexure No.4 of the writ petition is appointment order of Sri Chandra Prakash Pandey.

The perusal of the aforesaid appointment orders, reveal that not only the appointment orders are same but nature of the appointment of both the persons are also same.

Therefore in view of the above recital, in the impugned order dated 15.02.2018 regarding the petitioner and Sri Chandra Prakash Pandey has not properly been dealt.

Let the counter affidavit be filed by the opposite parties within three weeks. Rejoinder affidavit, if any, may be filed within a period of ten days thereafter.

List immediately after expiry of the aforesaid period.

In the meantime, the competent authority shall reconsider the grievance of the petitioner and pass appropriate orders and such order shall be enclosed with the counter affidavit.

Order Date :- 23.5.2018/Suresh/

[Rajesh Singh Chauhan,J.]