Neutral Citation No. - 2025:AHC-LKO:26345 Court No. - 3 Case :- WRIT - A No. - 4988 of 2025 Petitioner :- Dileep Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Forest Lko. And 3 Others Counsel for Petitioner :- Birendra Pratap Singh Counsel for Respondent :- C.S.C.,Rishabh Tripathi Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-opposite party No.1 and Sri Rishabh Tripathi, learned counsel appearing for the opposite party Nos.2 to 4. 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:- "(i) to issue a writ, order or direction in the nature of certiorari to quash the impugned order No.4091/ Notional Padonnati/ Sahayak Varg-2, dated 04.09.2024 passed by the opposite party No.3, as contained in Annexure No.1 to this writ petition, in the interest of justice. (ii) to issue a writ, order or direction in the nature of mandamus commanding to opposite parties to reconsider the notional promotion of the petitioner as according to Regulation 16 (3) C of U.P. Forest Corporation General Services Regulations from the post of Assistant Grade-III to Assistant Grade-II in the light of the judgment / order dated 12.03.2019 passed in Writ-A No.5819 of 2018 (Ram Saran vs. State of U.P. and others)." 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. 2 to the petition. 5. Today, Shri Rishabh Tripathi, learned counsel appearing for the opposite party Nos. 2 to 4, 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 opposite party Nos.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 the opposite party Nos.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 opposite parties has failed to indicate as to why the benefit of the said judgment be not made available to the petitioner and also the fact that despite a special appeal having been filed by the opposite parties the order passed by the writ Court has not been stayed, as such, this Court is of the view that the petitioner is 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 order impugned dated 04.09.2024, copy of which is Annexures No. 1 to the petition, is hereby set aside. 10. The opposite parties 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 petitioner 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 petitioner 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