State Of U.P. Thru. Addl. Chief ... vs Rajendra Kumar And Others
2023 Latest Caselaw 24706 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59093-DB
 
Court No. - 1
 
1.Case :- SPECIAL APPEAL No. - 277 of 2022
 
Appellant :- State Of U.P. Thru. Addl. Chief Secy. Dep.Of Finance Lko.And Others
 
Respondent :- Rajendra Kumar And Others
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Avinash Tiwari
 
2.Case :- SPECIAL APPEAL DEFECTIVE No. - 617 of 2023
 
Appellant :- State Of U.P. Thru. Prin. Secy. Deptt. Irrigation And Water Resources Civil Secrt. Lko. And Others
 
Respondent :- Pawan Kumar Verma And Others
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Surya Kant Singh
 
3.Case :- SPECIAL APPEAL DEFECTIVE No. - 614 of 2023
 
Appellant :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Irrigation And Water Resources Lko. And 5 Others
 
Respondent :- Rajendra Pratap Singh And 15 Others
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Surya Kant Singh
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1.All these appeals were heard together and are being decided by a common order.

2. The writ court order impugned herein these special appeals has come to be passed in view of the judgement and order dated 02.08.2021 passed in Writ-A No.20277 of 2019 decided at Allahabad.

3. The state government feeling aggrieved against the writ court order dated 02.08.2021passed at Allahabad, assailed the same through Special Appeal No.288 of 2022 and at the initial stage an interim order was passed at Allahabad.

4. It is on this premise that an interim order was also passed by this Court in the present special appeals looking to the situation operating at Allahabad. The Special Appeal No.288 of 2022 filed at Allahabad arising out of the judgement and order dated 02.08.2021 has finally been dismissed on 31.03.2023.

5. A copy of the division bench judgement is placed before us.

6. Sri Amitabh Kumar Rai, learned Additional Chief Standing Counsel while arguing the matter has pointed out that certain facts regarding essential qualification were not considered while deciding the matter at Allahabad. He has,therefore, attempted to draw a distinction.

7. Unless all these points making out the distinction between the employees working as 'Mate' in the Public Works Department and Irrigation Department were pleaded and taken up before this Court at Allahabad, it would not be appropriate for us to take a different view.

8. The submission precisely proceeds on the ground of educational qualification being at variance in the two departments for appointment as "Mate",therefore, according to the learned counsel, parity has wrongly been extended.

9. Learned counsel for the State has also pointed out that the State has filed an SLP before the apex court against the judgement/order passed in Special Appeal No.288 of 2022 decided on 31.03.2023.

10. This court, therefore, would not enter into drawing a distinction between the status of employees who are similarly situated as compared to those whose case has been decided on 31.03.2023.

11. Thus, the impugned judgment and order passed by the writ court deserves to be upheld in terms of the division bench judgement rendered at Allahabad in Special Appeal No.288 of 2022 decided on 31.03.2023 subject to the outcome of SLP filed before the apex court.

12. The appeals are accordingly dismissed.

Order Date :- 13.9.2023

Shahnaz