Allahabad High Court
State Of U.P. Thru. Prin. Secy. Higher ... vs Vinod Kumar Singh And Another on 2 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2024:AHC-LKO:10086-DB
Court No. - 1
Case :- SPECIAL APPEAL No. - 61 of 2022
Appellant :- State Of U.P. Thru. Prin. Secy. Higher Edu., Lko. And Another
Respondent :- Vinod Kumar Singh And Another
Counsel for Appellant :- C.S.C.
Counsel for Respondent :- Lalta Prasad Misra
along with
Case :- SPECIAL APPEAL DEFECTIVE No. - 286 of 2021
Appellant :- C/M Y.D.P.G. College Lakhimpur Kheri Thru Manager
Respondent :- Vinod Kumar Singh And Ors.
Counsel for Appellant :- Kshitij Mishra,Vipul Shukla
Counsel for Respondent :- C.S.C.,Lalta Prasad Misra
along with
Case :- WRIT - A No. - 2001186 of 2010
Petitioner :- Vinod Kumar Singh
Respondent :- State Of U.P.Through Principal Secy.Higher Edu. Lucknow
Counsel for Petitioner :- Satish Kumar Singh,Dr. V.K. Singh,Rakesh Bajpai
Counsel for Respondent :- C.S.C.,Anand Mani Tripathi,J.P. Mathur,Jagdish Prasad Maurya,P.S. Pandey,S.B.Pandey
along with
Case :- WRIT - A No. - 22927 of 2018
Petitioner :- Shyam Bahadur
Respondent :- State Of U.P.Thru.Secy.Higher Education Lucknow And Ors.
Counsel for Petitioner :- Prem Shanker Pandey,J.P. Shukla,Ram Singh
Counsel for Respondent :- C.S.C.,Dr. V.K. Singh,J.P.Maurya,S.B.Pandey,Satish Kr. Singh,Saurabh Misra
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Brij Raj Singh,J.
(Order on Condonation of Delay Application) (C. M. Application No. 101725 of 2021)
Having regard to the explanation offered in the application seeking condonation of delay in filing the Special Appeal No. 286 of 2021, the Court is satisfied that the delay has sufficiently been explained.
Accordingly, the application for condonation of delay is allowed and the delay in filing the appeal is condoned.
Office is directed to allot regular number.
Order on Memo of Appeals and writ petitions
Both the intra-court appeals have come to be filed after when the contempt proceedings were initiated by the respondent no.1/Vinod Kumar Singh.
We have already condoned the delay in filing Special Appeal No. 286 of 2021.
At the very outset, it has been brought to the notice of the Court that in view of the judgment rendered by a five Judges Full Bench of this Court in a bunch of writ petitions leading case being Writ-A No.51212 of 2010, Dr. Archana Mishra and others vs. State of U.P. and others, decided on 10.10.2018 and dismissal of Special Leave Petition (Civil) No.31223 of 2018 arising therefrom by Hon'ble the Apex Court on 27.11.2018, the advertisement No. 42 challenged in Writ-A No. 22927 of 2018 for appointment of Lecturers has lost its relevance and the said writ petition deserves to be dismissed.
It is also informed that pursuant to the judgment and order dated 20.01.2021 passed by the writ court in Writ Petition No. 15168 (SS) of 2017, which is challenged in the aforesaid both Special Appeals, the respondent/Vinod Kumar Singh has already been reinstated in service as Lecturer (Philosophy) and the matter as regards non-payment of salary or the benefits arising out of the judgment passed by the writ court is pending in the contempt proceedings.
Since the benefits are bound to be crystalised in the light of writ court orders rendered in the light of Full Bench judgment (supra) which has attained finality, challenge to the impugned judgment and order dated 20.01.2021 in the appeals filed by the State Government as well as by the Committee of Management having no merit is a futile exercise.
Accordingly, both the appeals being bereft of any merit are dismissed and Writ-A No.22927 of 2018 having lost its efficacy is also dismissed.
At this stage, Dr. L. P. Misra, learned counsel for the respondents has pointed out that the similarly situated candidates, except the respondent/Vinod Kumar Singh, have already been considered for absorption on the strength of the provisions contained in Section 31-E of The Uttar Pradesh Higher Education Services Commission Act, 1980. Therefore, the benefit of such provision would be available to him.
In view of above, Writ-A No.2001186 of 2010 filed by the petitioner/Vinod Kumar Singh stands disposed of leaving it open to the authorities to proceed, in accordance with law, insofar as the claim of his absorption is concerned.
.
[Brij Raj Singh, J.] [Attau Rahman Masoodi, J.]
Order Date :- 2.2.2024
akhilesh/
