Neutral Citation No. - 2025:AHC-LKO:13829 Court No. - 6 Case :- WRIT - A No. - 56 of 2025 Petitioner :- Jitendra Prakash Pandey And Another Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 2 Others Counsel for Petitioner :- Phool Bux Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Phool Bux Singh, learned counsel for the petitioners as well as learned Standing Counsel for the respondents. 2. It has been submitted by learned counsel for the petitioners that petitioners were appointed on the Class IV post on Daily Wage basis (Anusewak) in the Board of Revenue on 01.09.1994 and they continuously worked till their services were regularised with effect from 28.02.2018. 3. In the present writ petition the petitioners are claiming all the service benefits in the light of the Judgment of Hon'ble Supreme Court in the case of Prem Singh Vs. State of U.P., Civil Appeal No. 6798 of 2019, with prayer to count their previous services for grant of other service benefits. 4. In the representation given by the petitioner they had relied upon the judgment of Learned Single Judge in the case of Dr. Shyam Kumar Vs. State of U.P. and Others - Writ - A No. 8968 of 2022, which representation of the petitioners has been rejected on the ground that the State has filed Special Appeal against the judgment of learned Single Judge in the case of Dr. Shyam Kumar (supra). It is next submitted by learned counsel for the petitioners that the respondents while rejecting their representation have stated that till such time, the special appeal is decided, benefits as prayed for by the petitioners cannot be granted. 5. Learned Standing Counsel on the other hand has opposed the writ petition and has supported the impugned order. 6. Considering the rival contentions, it is noticed that once judgment has been passed by the learned Single Judge of this Court in the case of Dr. Shyam Kumar (supra), then same is binding upon the State Government, till such time the judgment and order passed by learned Single Judge is set aside by the superior Court or by larger Bench. By merely filing special appeal, the judgment and order of learned Single Judge does not gets obliterated or deleted and does not loose its efficacy in any manner whatsoever. 7. In case benefit of the judgment can be extended to the petitioners, same should duly be extended and merely on the ground of filing an appeal by the State cannot be a ground in itself to treat the petitioners differently, then the petitioner in the case of Dr. Shyam Kumar (supra). 8. For the reasons aforesaid, this Court finds that the impugned order dated 22.10.2024 is illegal and arbitrary and is accordingly set aside. The matter is remitted to respondent no. 2 - Board of Revenue, U.P. Lucknow through its Chairman, to pass fresh order in accordance with law and in case benefit of the judgment of learned Single Judge in the case of Dr. Shyam Kumar (supra) is available to the petitioners, the case of the petitioners shall be considered and decided in the light of said judgment. It shall be open for the respondents to pass fresh orders, in case judgment in the case of Dr. Shyam Kumar (supra), is set aside by the Division Bench. 9. Subject to aforesaid observations, the writ petition stands allowed. Order Date :- 6.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench