Vijay Singh Chauhan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 6448 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 
Case :- WRIT - A No. - 1318 of 2023
 
Petitioner :- Vijay Singh Chauhan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas Lko. And 2 Others
 
Counsel for Petitioner :- Manish Misra,Mridula Saxena,Sarvesh Kumar Saxena
 
Counsel for Respondent :- C.S.C.,Mohd Hidayat Vllah Ansari
 

 
Hon'ble Pankaj Bhatia,J.

Heard Shri Manish Misra and Shri Sarvesh Kumar Saxena, learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State and Mohd. Hidayat Vllah Ansari, learned counsel appearing for respondent no.3.

The petitioner is aggrieved against the order dated 24.08.2020 whereby the respondents have refused to compute the services rendered by the petitioner prior to regularization.

The issue that arises has been decided by this Court in the case of Dr. Shyam Kumar v. State of U.P. & Ors. (Writ - A No.8968 of 2022) decided on 17.02.2023.

It is also on record that Writ - A No.20411 of 2022 filed by similarly placed person namely Jai Prakash Mishra has also been allowed by this Court vide judgment dated 22.02.2023, thus, on that ground also the petitioner would be entitled to the benefits that has been accorded to Jai Prakash Singh vide judgment dated 22.02.2023.

Learned Additional Chief Standing Counsel states that he may be granted one month's further time to obtain instruction as directed in the order dated 13.02.2023, however, as the issue has been decided by this Court, I am not inclined to accept the said request.

Thus, on the same grounds and analogy as contained in the judgment dated 17.02.2023 in Dr. Shyam Kumar's case (supra), the present petition is allowed.

Impugned order dated 24.08.2020 is set aside.

The benefits of Dr. Shyam Kumar's judgement shall apply to the present petitioner also.

The necessary re-computation shall be done by the respondents and the benefits shall be given to the petitioner for the services rendered by him prior to the date of regularization.

Order Date :- 28.2.2023/nishant