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2025 DAILYLAW 136243 (ALL)

KAVITA ND 55 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF COOPERATIVE AND 23 OTHERS

WRIA/4486/2025 · 2025-04-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24809 Court No. - 3 Case :- WRIT - A No. - 4486 of 2025 Petitioner :- Kavita Nd 55 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative And 23 Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- C.S.C.,Vinod Kumar Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri Raj Kumar Singh, learned counsel for the petitioners, learned Standing counsel appearing on behalf of the respondent No.1 and Sri Akber Ahmad, learned counsel, who has filed Vakalatnama on behalf of the respondents No.2 to 24, the same is taken on record. At the very outset, Sri Akber Ahmad has informed that against petitioner no. 53, one departmental enquiry is still pending and he is under suspension, therefore, the benefit of this order may not be extended to the petitioner no. 53 till conclusion of the departmental enquiry. However, he may be given salary from December, 2024 till 28th February 2025. 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 writ 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 writ petition. Thus, the judgment of this Court in the case of Kamal Krishna Mishra (supra) has attained finality. 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 present petitioners. It has been pointed out by the learned counsel for the petitioners that salary for the various months has not been paid to the petitioners. In view thereof, the respondents are directed to pay outstanding salary to the petitioners except petitioner no. 53, without any deduction and continue to pay salary month to month in accordance with law under relevant rules, provided there is no legal impediment. The petitioner no. 53 would be given outstanding salary with effect from December, 2024 to 28th February, 2025. Order Date :- 30.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench