Allahabad High Court
Ravi Raj Singh vs State Of U.P. Through Prin. Secy. ... on 18 January, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- WRIT - A No. - 5897 of 2014
Petitioner :- Ravi Raj Singh
Respondent :- State Of U.P. Through Prin. Secy. Forest Lko. And Ors.
Counsel for Petitioner :- Manish Chaudhary,Anil Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the Petitioner and learned Standing Counsel for the respondents.
Learned counsel for the Petitioner has submitted that the father of the petitioner who was appointed as daily wager in the year 1988 had filed Writ Petition No.6380 (S/S) of 2004 along with others and the petition for regularisation which was disposed of with a direction that the controversy has been settled by judgment and order dated 21.03.2002 passed in Writ Petition No.7913 (S/S) of 1990 and the same benefit was granted to the petitioner. It has been submitted by learned counsel for the petitioner that father of the petitioner died on 22.07.2005. He submitted that in the aforesaid writ petition, i.e. 6380 of 2004, petitioner no.3 Yati Bhan Singh was also appointed as daily wager on compassionate ground. It has been submitted that his services were terminated on the ground that his father was daily wager therefore, he was not entitled for appointment under Dying in Harness Rules. The said order was challenged by Yati Bhan Singh in Writ Petition No.746 (S/S) of 2007 and the petition was allowed by setting aside the termination order vide order dated 19.12.2011. Thereafter, Special Appeal was preferred by the Department bearing Special Appeal No.209 of 2013 that too was dismissed on 16.04.2013. Against the order of Special Appeal, the Special Leave to Appeal (Civil) no. 28031 of2013 was preferred and the same was dismissed on 16.09.2013 and in compliance of the order, the petitioner Yati Bhan Singh was reinstated.
Learned counsel for the petitioner submitted that the case of the petitioner is also at par with Yati Bhan Singh because the services of the petitioner cannot be terminated on the ground which has already been taken by respondents in case of Yati Bhan Singh (Supra).
Learned counsel for the petitioner has submitted that the petitioner had filed writ petition No.6691 (S/S) of 2010 in which direction was issued to take decision in pursuance of the representation of the petitioner. The impugned order (Annexure 1) has been passed in pursuance of the directions issued by this Court. Learned counsel for the petitioner has submitted that the reason for rejection of the appointment of the petitioner is not sustainable in the eyes of law because the same reason was assigned in the case of Yati Bhan Singh (Supra) who was similarly situated and his case was finalised up to Hon'ble Supreme Court and the respondents have got defeat in the case up to Supreme Court.
Learned counsel for the petitioner has further relied upon the judgment passed in the case of Arvind Kumar vs. State of U.P. in Writ Petition No.19682 of 2017 and he has submitted that the case of the petitioner is squarely covered with the aforesaid case.
In the aforesaid discussions, this Court is of the view that the impugned order cannot survive in the eyes of law for the reason that the same reason assigned to the similarly situated Yati Bhan Singh in his termination order was challenged by him and the termination order was quashed. Thereafter, Special Appeal and Special Leave Petition in Hon'ble Supreme Court filed by the respondents were also dismissed.
I am of the considered view that the case of the petitioner is squarely covered with the case of Yati Bhan Singh (Supra) and the case of Arvind (Supra) therefore, I set aside the order dated 30.03.2013 (Annexure 1) and direct the Respondent no.3 to take fresh decision in the case of petitioner within a period of two months from the date of certified copy of the order is produced keeping in view the judgment passed in Arvind (Supra) and Yati Bhan Singh (Supra).
The writ petition succeeds and is allowed.
Order Date :- 18.1.2023
Pks
