Adesh Kumar vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 10450 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 165 of 2023
 

 
Appellant :- Adesh Kumar
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Stamp And Registration Deptt. U.P. Shashan Lko. And Others
 
Counsel for Appellant :- Rakesh Kumar Srivastava,Smt. Seema Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Om Prakash Shukla,J.

Heard Sri Rakesh Kumar Srivastava, learned counsel for appellant-petitioner and learned State counsel representing the State-respondents.

This special appeal under Chapter VIII Rule 5 of the Rules of the Court has been filed by the appellant-petitioner only on the limited ground that observations made by learned Single Judge in paragraph-14 of the judgment and order under appeal before us, dated 22.03.2023 were not called for in the facts of the case.

So far as the directions issued by learned Single Judge to the opposite parties to treat the appellant-petitioner in service w.e.f. 01.04.2002 for all service benefits including pension except for the arrears and back-wages is concerned, the appellant-petitioner does not have any grievance, however, learned counsel representing him has submitted that so far as fixation of revised pay treating the appellant-petitioner to be in service from 01.04.2002 is concerned, another writ petition, namely, Writ-A No.6191 of 2019 was engaging attention of learned Single Judge which was filed by the appellant-petitioner along with certain other individuals and that the said writ petition has been disposed of by providing that pay fixation of the petitioners in the said writ petition shall abide by the final order which may be passed in the review petition seeking review of the judgment and order dated 07.10.2015 in Jai Mohan and two others (Writ Petition No.155 (S/B) of 2013. Since both the petitions, namely, Writ-A 829 of 2021 and Writ-A No.6191 of 2019 were decided on same day i.e. 22.03.2023, as such it would be more appropriate for the appellant-petitioner to bring to the notice of learned Single Judge the alleged discrepancy which makes two orders dated 22.03.2023, passed in Writ-A No.829 of 2021 and Writ-A No.6191 of 2019 at variance to each other.

Accordingly, this special appeal is disposed of with liberty to the appellant-petitioner to seek review of the order dated 22.03.2023 passed in Writ-A No.829 of 2021. If any review is preferred by the appellant-petitioner, learned Single Judge is requested to decide the same, as early as possible.

Order Date :- 10.4.2023

Renu/-