State Of U.P. Thru.Its Secy. ... vs Ambresh Kumar Mishra And 2 Others
2022 Latest Caselaw 4794 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 286 of 2022
 

 
Appellant :- State Of U.P. Thru.Its Secy. Secondary Edu. Lko. And Ors.
 
Respondent :- Ambresh Kumar Mishra And 2 Others
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Krishna Madhav Shukla
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the appellants-State authorites and Shri Krishna Madhav Shukla, learned counsel for the respondent no.1.

Under challenge in this intra-court appeal is the judgment and order dated 05.02.2021 passed by the learned Single Judge in Writ Petition No.1177 (S/S) of 2021 whereby the writ petition filed by the respondents no.1 has been allowed and opposite parties in the writ petition have been directed to grant financial approval to the appointment of the respondent no.1 and pay salary on the post of class IV regularly every month.

There is consensus amongst the learned counsel for the parties that The instant special appeal can be disposed of in terms of the judgment and order dated 20.05.2021 passed by this Court in Special Appeal No.214 of 2022 whereby the judgment and order passed by the learned Single Judge in the said case has been set aside and the writ petition has been restored to the board of learned Single Judge.

Accordingly, in view of the aforesaid consensus of the learned counsel for the parties, this special appeal is also allowed. The judgment and order dated 05.02.2021 passed in Writ Petition No.1177 (S/S) of 2021 is hereby set aside and the writ petition is restored to the board of learned Single Judge.

Learned Single Judge is requested to decide the writ petition with expedition. We may also observe that Writ Petition No.1177 (S/S) of 2021 may be clubbed together with Writ Petition No.1697 (S/S) of 2021.

There will be no order as to costs.

Order Date :- 31.5.2022

akhilesh/