VIJAY PRAKASH YADAV AND 40 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF COOPERATIVE LKO AND 24 OTHERS
WRIA/2586/2025 · 2025-03-05
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127019 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127019 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13437 Court No. - 5 Case :- WRIT - A No. - 2586 of 2025 Petitioner :- Vijay Prakash Yadav And 40 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Lko And 24 Others Counsel for Petitioner :- Kripa Shanker Misra,Priya Mishra Counsel for Respondent :- C.S.C.,Gaurav Mehrotra Hon'ble Abdul Moin,J.
1. Vakalatnama filed today by Shri Akber Ahmad, Advocate, on behalf of respondents no. 2 to 25 is taken on record.
2. Heard learned counsel for the petitioners, learned Standing counsel appearing on behalf of the respondents-State No.1 and 2 and Shri Akber Ahmad, learned counsel appearing for respondents No.2 to 25.
3. There is consensus at Bar that the the matter in issue is squarely covered by the order dated 06.12.2024 passed in Writ A No.7820 of 2024 In re Kamal Krishna Mishra vs State of U.P. & 3 Ors, a copy of which is Annexure-8 to the petition. It is further contended that a special appeal filed against the said judgment vide Special Appeal No.09 of 2025 In Re U.P. Sahkari Gram Vikas Bank Ltd Lucknow & 2 Ors vs Kamal Krishna Mishra & Anr has been dismissed in limine vide judgment and
order dated 10.01.2025, a copy of which is Annexure-9 to the petition. Thus, the judgment of this Court in the case of Kamal Krishna Mishra (supra) has attained finality.
4. Considering the aforesaid consensus, the writ petition is allowed. It is provided that the petitioners are also entitled to the benefit of the judgment in the case of Kamal Krishna Mishra (supra) and the order impugned dated 02.07.2024 is quashed in so far as it pertains to the petitioners.
5. At this stage, learned counsels for the parties point out that the petitioners no.1 to 13 have not been paid salary for the months of November, December, 2024 and January & February, 2025; petitioners no. 14 to 20 have not been paid salary for the months of January & February, 2025; the petitioners no. 21 to 37 have not been paid salary for the months of December, 2024, January, 2025 & February, 2025; the petitioner No. 38 has not been paid salary for the months of September, November, December, 2024, January, 2025 & February, 2025 and Petitioners no. 39 to 41 have not been paid salary for the months of August, September, November, December, 2024 & January and February, 2025.
6. In view thereof, the respondents are directed to pay salary to the petitioners for the aforesaid months without any deduction and continue to pay salary month to month in accordance with law under relevant rules, provided there is no legal impediment.
Order Date :- 5.3.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench