Neutral Citation No. - 2025:AHC-LKO:5516 Court No. - 5 Case :- WRIT - A No. - 1079 of 2025 Petitioner :- Chhatra Pal And 2 Others Respondent :- U.P. Forest Corporation Lko. Thru. Managing Director And 2 Others Counsel for Petitioner :- Satish Singh Counsel for Respondent :- Rishabh Tripathi Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel appearing for the respondents no. 1 and Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 to 4. 2. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. 3. Instant petition has been filed challenging the orders dated 06.12.2024, 14.11.2024 and 06.12.2024, copies of which are Annexures No. 1, 2 and 3 to the petition. Further prayer is for a writ of mandamus commanding the respondents to grant the petitioners promotion from Assistant Grade-III to Assistant Grade-II notionally from the date of their entitlement i.e. 14.11.2016, 28.03.2019 and 05.02.2020 respectively in terms of Rule 16(3)(ii)(c) of Chapter - II of the Service Regulation of the Corporation framed under the U.P. Forest Corporation Act, 1974. 4. Bereft of unnecessary details, the contention of learned counsel for the petitioner is that the matter in issue is squarely covered by the judgment and order of this Court at Allahabad passed in Writ-A No. 5819 of 2019 in re: Ram Saran Vs. State of UP and 3 Others decided on 12.03.2019, a copy of which is Annexure No. 4 to the petition. 5. Today, Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 and 4, on the basis of instructions dated 24.01.2025 sent by G.M. (Personnel) states that against the judgment of this Court passed in the case of Ram Saran (supra), the Corporation has filed Special Appeal Defective No. 1114 of 2019 in re: U.P. Forest Corporation and 2 Others Vs. Ram Saran and Another but no stay order has been granted in the said special appeal. He further states that Ram Saran has been granted the benefit of said judgment subject to decision in the aforesaid special appeal. 6. Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 to 4 further argues that the general body of the Corporation has passed a resolution dated 03.05.2023 to amend the service regulations which provides for an automatic promotion after a person has rendered ten years meritorious service as Assistant Grade-III which decision has been sent to the State Government. 7. However, Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 to 4 fairly states that no decision has been taken by the State Government till date consequently, the rules still continue to operate. 8. Considering the aforesaid more particularly when the petitioners are seeking the parity of the judgment passed in the case of Ram Saran (supra) and the fact that learned counsel for the respondents has failed to indicate as to why the benefit of the said judgment be not made available to the petitioners and also the fact that despite a special appeal having been filed by the respondents the order passed by the writ Court has not been stayed, as such, this Court is of the view that the petitioners are entitled for the benefit of the judgment of this Court Ram Saran (supra). 9. Keeping in view the aforesaid discussion, the writ petition is allowed. The orders impugned dated 06.12.2024, 14.11.2024 and 06.12.2024, copies of which are Annexures No. 1, 2 and 3 to the petition, are hereby set aside. 10. Respondents are directed to grant the benefit of judgment and order passed by this Court in the case of Ram Saran (supra) to the petitioners also. 11. Order of promotion, if any granted to the petitioners in pursuance to this order would be subject to the decision of Special Appeal Defective No. 1114 of 2019 to which learned counsel for the petitioners also agrees. Order Date :- 28.1.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench