Allahabad High Court
Gopinath vs State Of U.P. Thru. Prin. Secy. ... on 24 May, 2022
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 3112 of 2022
Petitioner :- Gopinath
Respondent :- State Of U.P. Thru. Prin. Secy. Co-Operative Deptt. Lko And 3 Others
Counsel for Petitioner :- Manish Mani Sharma
Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J.
Heard.
The petitioner herein had earlier approached this court by means of writ petition No. 8718 (SS) of 2010, Gopinath Yadav and others vs State of U.P. and others, which was decided on 27.02.2019. In compliance of the directions issued therein a decision was taken by the state government, a copy of which is annexed as Annexure-7 to the writ petition, by which the petitioner was held entitled to the benefits of the judgement dated 25.11.2008 passed in writ petition No. 7326 (SS) of 2004 and the decision of Hon'ble the supreme court in Civil appeal No. 312 of 2017 arising therefrom, as he was covered by the said decisions. Subsequently one Chandrapal Singh Yadav, who was petitioner in the earlier proceedings, initiated contempt proceedings as he was given the benefit from a subsequent date and not from the date of initial appointment. The matter ultimately went up to Hon'ble the Supreme Court vide criminal appeal No. 7982 of 2019 [(SLP)(Criminal) No. 8121 of 2019] and the same was decided on 14.10.2019 with a direction to the department to compute the service rendered by the appellant right from 9.1.1975, i.e., initial date of appointment, till the date of his superannuation and grant to the appellant all the retiral benefits.
Contention of the learned counsel for the petitioner is that 26.04.1973 was the initial date of appointment of Chandrapal Singh Yadav, therefore, the petitioner herein who has already been given the benefit of the earlier decision in the case of Chandrapal Singh Yadav is also entitled to the benefit of the subsequent decision dated 14.10.2019 rendered in criminal appeal No. 7982 of 2019, as in his case also the benefits have been given to him treating him as a government servant, but only with effect from 1983, whereas his initial appointment is of 26.04.1973. He says that he is entitled to the benefits of the earlier judgement in his favour accordingly with effect from his initial date of appointment.
Without entering into merits of the claim, as there is already an adjudication in the case of the petitioner and thereafter subsequently orders have been passed in the case of Chandrapal Singh Yadav also, as referred hereinabove, let the opposite party No.1 revisit the matter in the light of what has been stated hereinabove on a representation to be submitted by the petitioner, unless already submitted, and decide the same by a reasoned and speaking order within 2 months from the date a certified copy of this order is submitted before him, keeping in mind the judgments referred hereinabove and such other judgments which may be applicable. With these observations/directions this writ petition is disposed off.
(Rajan Roy,J.)
Order Date :- 24.5.2022
R.K.P.
