Neutral Citation No. - 2025:AHC-LKO:26348 Court No. - 3 Case :- WRIT - A No. - 5025 of 2025 Petitioner :- Gaurav And 2 Others Respondent :- U.P. Forest Corporation Lko. Thru. Managing Director And 2 Others Counsel for Petitioner :- Satish Singh,Himanshu Singh Counsel for Respondent :- Rishabh Tripathi Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the petitioners as well as Shri Rishabh Tripathi, learned counsel appearing for all the respondents. 2. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. 3. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(1) to issue a writ, order or direction in the nature of certiorari to quash the impugned order Letter No.4094/ Notional Promotion/A.G.-II dated 04.09.2024; impugned order Letter No.7458/Notional Promotion/A.G.-II dated 07.01.2025; and impugned order Letter No.6099/ Notional Promotion/ A.G.-II dated 21.11.2024 passed by opposite party No.3 respectively whereby the petitioners claim for grant of notional promotion on the post of A.G.-II due on completion of 10 years' service on the post of A.G.-III have been rejected in an arbitrary and discriminatory manner ignoring the existence of provision of Rule 16 (3) (c) of U.P. Forest Corporation General Service Regulation, as contained in Annexure Nos.1, 2 & 3 to this petition. (2) to issue a writ, order or direction in the nature of mandamus commanding to opposite parties more specifically to opposite party No.2 to grant the petitioners benefit of promotion from Assistant Grade-III to Assistant Grade-II notionally from the date of entitlement of petitioners i.e. w.e.f. 25.11.2018 of petitioner No.1, 25.11.2018 of petitioner No.2 and 23.09.2013 of petitioner No.3 in terms of Rule 16 (3) (ii) (c) of Chapter-III 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. 11 to the petition. 5. Today, Shri Rishabh Tripathi, learned counsel appearing for the respondents, on the basis of instructions dated 05.05.2025 sent by General Manager (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 the respondents 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 the respondents 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 passed in the case of Ram Saran (supra). 9. Keeping in view the aforesaid discussion, the writ petition is allowed. The orders impugned dated 04.09.2024, 07.01.2025 & 21.11.2024, 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. . [Rajesh Singh Chauhan,J.] Order Date :- 6.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench