SITA RAM SINGH YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. SOCIAL WELFARE DEPTT. LKO. AND 2 OTHRES
/2004/2025 · 2025-09-12
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124033 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 2004 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J.
1. Heard learned counsel for the petitioner and Shri Pankaj Patel, learned Additional Chief Standing Counsel for the respondents-State.
2. With the consent of the parties, the matter is being decided finally.
3. The petitioner is before this Court raising a challenge to the order dated 08.01.2025 passed by respondent No.3, a copy of which is Annexure-1 to the petition, whereby the respondents have rejected the representation of the petitioner for payment of salary for the post of in- charge Head Master.
4. Contention of the learned counsel appearing for the petitioner at the earlier occasion was that the matter in dispute is squarely covered by
judgment of this Court in Writ A No.7670 of 2024 In Re Chotte Lal Ram Vs State of U.P. & Ors, a copy of which is Annexure-6 to the petition.
5. Considering the aforesaid this Court had required vide order dated 18.02.2025 learned Standing Counsel to seek instructions as to why the petitioner be not given the benefit of judgment of this Court in the case of Chotte Lal Ram (supra).
6. Today Shri Pankaj Patel, learned Additional Chief Standing Counsel on the basis of oral instructions given by the office of Director, Social Welfare i.e. respondent No.2 informs that as a special appeal has been filed against the judgment in the case of Chotte Lal Ram (supra) Versus Counsel for Petitioner(s) : D.K. Singh Chauhan Counsel for Respondent(s) : C.S.C. Sita Ram Singh Yadav .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Social Welfare Deptt. Lko. And 2 Othres .....Respondent(s)
consequently the petitioner cannot be given the benefit of the said
judgment.
7. However, Shri Pankaj Patel, learned Additional Chief Standing Counsel fairly states that no stay order has been granted in the special appeal against the judgment in the case of Chotte Lal Ram (supra) as of date.
8. Thus, it is apparent that the judgment of this Court in the case of Chotte Lal Ram (supra) governs the case of the petitioner also but for the fact that a special appeal has been filed by the respondents but no stay
order has been granted in the special appeal whereby the respondents may have been restrained from complying the judgment in the case of Chotte Lal Ram (supra).
9. Keeping in view the aforesaid discussion, the writ petition is disposed of with a direction to the respondents to grant the benefit of the judgment of this court in the case of Chotte Lal Ram (supra) to the petitioner in accordance with law under relevant rules, which benefit would be granted within a period of 8 weeks from the date of receipt of a certified copy of this order, provided there is no legal impediment. September 12, 2025 prateek WRIA No. 2004 of 2025 2 (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench