State Of U.P. Thru. Addl. Chief ... vs Rajyapal And 18 Others
2023 Latest Caselaw 951 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 1
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 12 of 2023
 
Appellant :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. And 2 Others
 
Respondent :- Rajyapal And 18 Others
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Sachin Kumar Pandey
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

C.M. Application No. 1 of 2023 : Application for Condonation of Delay

(1) The instant intra Court appeal has been filed beyond 88 days.

(2) Since cause shown in the affidavit filed in support of application for condondation of delay is satisfactory, the application for condonation of delay is allowed. Delay in filing the instant appeal is condoned.

Order on Memo of Appeal

(3) Feeling aggrieved and dissatisfied with the judgment and order dated 2.9.2022 passed by the learned Single Judge in Writ-A No. 5652 of 2022 : Rajapal and 18 others Vs. State of U.P. and 2 others, by which learned Single Judge disposed of the aforesaid writ petition in terms of the judgment and order dated 25.05.2022 passed in Writ-A No. 3068 of 2022, by which it was provided that if any scheme is formulated by the State of U.P., if at all, then the claim of the original writ petitioners shall also be considered accordingly in terms thereof keeping in mind the aforesaid judgment.

(4) Heard Shri Amitabh Rai, learned Additional Chief Standing Counsel for State/appellants, Shri Sachin Kumar Pandey, learned Counsel for the respondents/original writ petitioners and perused the impugned judgment as well as material brought on record.

(5) It appears that the original writ petitioners/respondents have preferred Writ-A No. 5652 of 2022, claiming therein to issue a writ of mandamus directing the appellants herein to absorb them on any regular post in any department under the State Government. In this regard, reliance was placed before the learned Single Judge towards the judgment and order dated 21.04.2022 passed in Writ-A No. 38477 of 2016 and the judgment and order dated 25.05.2022 passed in Writ-A No. 3068 of 2022. The learned Single Judge, after appreciating the plea of the Counsel for the State that he has no objection if the writ petition is disposed of in terms of the judgment and order dated 25.05.2022, disposed of the writ petition in terms of the judgment dated 25.05.2022, by means of the judgment and order dated 2.9.2022, which is impugned in the instant writ petition.

(6) Having examined the arguments made by the learned Counsel for the parties and also considering the facts and circumstances of the case, particularly the fact that identical issue has also been raised in Special Appeal Defective No. 10 of 2022 and this Court dismissed the same today itself, this Court is of view that there is no illegality or infirmity in the impugned order.

(7) The instant intra Court appeal is, accordingly, dismissed. However, there is no order as to costs.

(Subhash Vidyarthi, J.)        (Ramesh Sinha, J.)
 
Order Date :- 10.1.2023
 
Ajit/-