Allahabad High Court
Dinesh Kumar Chauhan vs The State Of U P And 4 Others on 12 December, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 17414 of 2022
Petitioner :- Dinesh Kumar Chauhan
Respondent :- The State Of U P And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
connected with
Case :- WRIT - A No. - 18364 of 2022
Petitioner :- Nageshwar Prasad
Respondent :- The State Of U.P. And 2 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 17622 of 2022
Petitioner :- Satendra Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 11232 of 2022
Petitioner :- Shyam Singh
Respondent :- The State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 11230 of 2022
Petitioner :- Smt. Kamlesh Kumari
Respondent :- The State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 7748 of 2022
Petitioner :- Home Guard Resident No. 2341 Padum Nath Pathak
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 3437 of 2022
Petitioner :- Santosh Prasad
Respondent :- The State Of U P And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 8449 of 2021
Petitioner :- Harikesh Kumar Shukla
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 98 of 2021
Petitioner :- Shree Kant Tiwari
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 14330 of 2020
Petitioner :- Satish Chand
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 14269 of 2020
Petitioner :- Mahendra Pal
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 13708 of 2020
Petitioner :- Shakir Hussain
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 13469 of 2020
Petitioner :- Soni Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 12987 of 2020
Petitioner :- Tirmal Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Ram Krishna,Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 12682 of 2020
Petitioner :- Aneet Kumar Sharma
Respondent :- State Of U P And 5 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 12601 of 2020
Petitioner :- Shobha Singh
Respondent :- State Of U P And 5 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 12568 of 2020
Petitioner :- Brijesh Kumar Pandey
Respondent :- State Of U P And 5 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 7349 of 2020
Petitioner :- Firoz Alam Khan
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 6312 of 2020
Petitioner :- Devendra Kumar Gupta
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 5092 of 2019
Petitioner :- Baburam
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Saurabh Yadav,Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 24303 of 2018
Petitioner :- Niyamat Ullah
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 20884 of 2018
Petitioner :- Anita Saraswat
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shashi Kant Rai,Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 12316 of 2020
Petitioner :- Shivnath Mehta
Respondent :- State Of U P And 5 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 6733 of 2021
Petitioner :- Home Guard Resident No . 0972 Sompal Singh @ Somendra Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 6739 of 2021
Petitioner :- Mahendra Kumar Sharma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 24474 of 2018
Petitioner :- Jai Kishan Singh Yadav
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Arimardan Yadav,Atipriya Gautam,Jadu Nandan Yadav,Shailesh Verma,Vinod Kumar Mishra
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 8375 of 2020
Petitioner :- Ganesh Dutt Shukla
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
and
Case :- WRIT - A No. - 12829 of 2020
Petitioner :- Vijay Kumar Mishra
Respondent :- State Of U P And 5 Others
Counsel for Petitioner :- Shailesh Verma
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard Sri Shailesh Verma and Sri Devesh Mishra, learned counsels for the petitioner and the learned Standing Counsel.
Instructions filed today, are taken on record.
The entire bunch for adjudication is listed today. As the issue involved in all the bunch is the same, so the entire mattes are decided by this one common judgment.
For the sake of brevity the facts in the case of Dinesh Kumar Chauhan Vs. State of U.P. are being referred too.
By means of the present writ petition the petitioner has challenged the order dated 13.02.2019, whereby the services of the petitioner was terminated merely on the ground that the petitioner was involved in formation of association which was contrary to the undertaking given by him at the time of appointment.
The said issue has already been decided by this court while delivering the judgment in the case of Dheer Singh VS. State of U.P.
The Standing Counsel has placed reliance on a subsequent judgment of this court in the case of State of U.P. Vs. Santosh Kumar Singh wherein it has been held that the full Bench of this Court in the case of Rajveer Singh Vs. State of U.P. and Others, 2018 (11) ADJ 453 had held that the Home Guard is not a holder of the civil post. This Court while deciding the writ petition in the case of Dheer Singh Vs. State of U.P. had considered the Full Bench judgment of this Court and after noticing the distinguishing features had delivered the judgment.
In view of the fact that the present case is squarely covered by decision of this Court in the case of Dheer Singh VS. State of U.P., the present petition is disposed off on the same terms and conditions as contained in the judgment of Dheer Singh Vs. State of U.P. (supra). Following the said judgment, the impugned order dated 29.04.2021 is set aside with directions to permit the petitioners to continue on the post and is entitled for payment in accordance with law.
The petition stands disposed off.
The appellate order dated 29.04.2021 is also set aside.
Order Date :- 12.12.2022/Vibha Singh
