Citation : 2025 Latest Caselaw 5640 ALL
Judgement Date : 3 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:29486 Court No. - 6 Case :- WRIT - A No. - 2598 of 2025 Petitioner :- Sher Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramendra Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the petitioner and learned standing counsel for respondents.
2. Present petition has been filed with the following prayers:-
"(i) Issue a writ order of direction in the nature of certiorari to quash the order dated 30.5.2024 passed by Prabhagiya Vanadhikari, Pilibhit Tiger Reserve, Pilibhit i.e. respondent no.3.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay the minimum of the pay scale of Rs.18,000/- per month of Class-IV to the petitioner on which he is working in view of the Hon'ble Supreme Court's Judgment dated 21.02.2002 (State of U.P. and others vs. Putti Lal reported in (2002) Vol.(2) U.P.LO.B.E.C. Page 1595 and judgment dated 14.11.1993 passed by Hon'ble Supreme Court' in Civil Appeal No. 10956 of 1993 (Sabha Shankar Dubey vs. Divisional Forest Officer and others)
(iii) Issue a writ, order or direction of a suitable nature commanding the respondent no.3 to regularize the petitioner in the aforesaid post on the basis of Rules 6 of the Rules 2016 has been considered threadbare by this Court in the case of Munnal Lal Vs. State of U.P. and others passed in Writ Petition No. 19047 of 2018 (SS) dated 16.7.2021."
3. Learned counsel for the petitioner submits that controversy involved in the present petition is squarely covered with the judgment of this Court passed in Writ-A No. 11854 of 2018 (Sudhir Kumar Verma and Ors. vs. State of U.P. & others), which was allowed vide order dated 3.5.2024, therefore, this petition may also be allowed on the same terms and conditions.
4. Learned standing counsel has not disputed the aforesaid facts and fairly conceded that the matter is squarely covered with the judgment of this Court in the case of Sudhir Kumar Verma (Supra).
5. Under such facts and circumstances of the case, the writ petition is allowed in terms of order dated 3.5.2024 passed in Writ-A No. 11854 of 2018. The order impugned dated 30.5.2024, a copy of which is annexure 1 to the petition, is quashed. The matter is remitted to the competent authority to consider the claim of the petitioner for regularization under Rules 2016 keeping in view the discussion made above.
6. Let such a consideration be done within a period of six weeks' from the date of receipt of a certified copy of this order.
Order Date :- 3.3.2025
Junaid
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