Buddhi Narain And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 7967 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 5642 of 2021
 

 
Petitioner :- Buddhi Narain And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shobhit Dubey,Anant Ram Dube
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saral Srivastava,J.

Heard learned counsel for the parties.

Learned Standing Counsel conceded that the issues raised in this petition stands settled in favour of the petitioners in terms of the judgment rendered in Bandhu And 13 Others Vs. State of U.P. And 2 Others (Writ -A No.-1282 of 2021).

The aforesaid writ petition which was based on identical facts came to be allowed in the following terms:-

"Heard learned counsel for the parties.

This petition impugns an order dated 30 November 2020 pursuant to which the claim of the petitioners for regularization under the 2016 Rules has come to be negatived and a further direction issued for bringing their services to an end. As this Court reads the impugned order, it notes that no reason has been assigned or recorded in support of the ultimate conclusion that the petitioners were ineligible for regularization under the Rules. All that the respondent notes is that in light of the recommendation made by the Selection Committee in its report, the petitioners are not entitled to the benefits of the 2016 Rules.

Since no reasons have been assigned nor have the petitioners been confronted with the report of the Selection Committee, learned Standing Counsel submits that the ends of justice would merit the impugned order being set aside and the claim of the petitioner for regularization being considered afresh.

Accordingly, the writ petition is allowed. Impugned order dated 30 November 2020 is quashed. The matter shall stand remitted to the third respondent for consideration afresh and bearing in mind the observations made hereinabove. All contentions of respective parties on merits are kept open. "

Accordingly, this writ petition shall stand allowed on similar terms.

Order Date :- 14.7.2021

NS