Sudha Devi And 5 Others vs State Of U.P. And 2 Others
2019 Latest Caselaw 1607 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 3816 of 2019
 

 
Petitioner :- Sudha Devi And 5 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Satyendra Chandra Tripathi
 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
 

 
Hon'ble Prakash Padia,J.

Heard Sri S. C. Tripathi, learned counsel for the petitioner, learned Standing Counsel on behalf of respondent nos.1 and 3 and Mr. A. K. Yadav, learned counsel for the respondent no.2.

Learned counsel for the petitioners contended that identical controversy is pending consideration before the Lucknow Bench of this Court in SERVICE SINGLE No. - 6313 of 2019 (Aditya Kumar Pandey and 4 Ors.Vs. State Of U.P. Thru Special Secy.Basic Edu. Lko. & Ors). Learned counsel for the petitioner placed reliance upon the order dated 5.3.2019 passed in the aforesaid case, which is quoted below:-

"Heard Dr. L.P. Mishra, learned counsel assisted by Sri Manoj Kumar Mishra, Advocate for the petitioners.

Notices on behalf of opposite party Nos.1,2 & 4 have been accepted by the office of the learned Chief Standing Counsel, while Sri Ajay Kumar, Advocate has accepted notice on behalf of opposite party No.3.

By means of this writ petition, the petitioners have assailed the Government Order dated 20.02.2019, passed by the Special Secretary, Department of Basic Education, Anubhag-4, Government of U.P., Civil Secretariat, Lucknow, whereby the earlier Government Order dated 21.05.2018 has been withdrawn.

Learned counsel for the petitioners has submitted that earlier Government Order dated 21.05.2018 was the subject matter of the batch of writ petitions and the learned Single Judge has passed an interim order staying the operation of government order dated 21.05.2018 and thereafter a special appeal was filed before the Division Bench of this Court and the Division Bench of this Court remanded back the matter to the learned Single Judge to decide afresh.

Further submission of learned counsel for the petitioners is that when the matter was pending before the learned Single Judge wherein validity of Government Order dated 21.05.2018 was to be decided, this Government Order dated 20.02.2019 could not have been passed.

On account of Government Order dated 20.02.2019, the batch of writ petitions wherein the Government Order dated 21.05.2018 has been assailed, have been dismissed and liberty was given to the affected parties to challenge the Government Order dated 20.02.2019.

Since the validity of the Government Order dated 20.02.2019 has been assailed, therefore, the detailed counter affidavit is required from the opposite parties.

Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

List this petition in the week commencing 22.04.2019 as fresh. The application for interim relief may be considered on the next date.

When the case is next listed, name of Dr. L.P. Mishra, Advocate be printed in the cause list as counsel for the petitioners."

In view of the same, in the present case also counter affidavit be filed by all the respondents within four weeks. Rejoinder affidavit may be filed within two weeks' thereafter.

List immediately thereafter for admission/final disposal.

Order Date :- 26.3.2019

Pramod Tripathi