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2025 DAILYLAW 150487 (ALL)

SINCHAI SANGH U.P. DIST. BRANCH NALKOOP KHAND-I THRU.PRESIDENT NAMELY RAHIS PAL SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF IRRIGATION LKO AND ANOTHER

WRIC/6590/2025 · 2025-07-22

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41785-DB Court No. - 2 Case :- WRIT - C No. - 6590 of 2025 Petitioner :- Sinchai Sangh U.P. Dist. Branch Nalkoop Khand-I Thru.President Namely Rahis Pal Singh And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Irrigation Lko And Another Counsel for Petitioner :- Kunj Bihari Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Having heard learned counsel for the parties and having perused the records, we cannot appreciate the impugned order having been passed by the Executive Engineer on 06.05.2025 on oral directions of the higher authority. If there are rules for recognition of employees association in the Government, as is the case and the matter had been referred to the higher authority, then a considered and reasoned decision should have been taken by the higher authority and thereafter the appropriate order should have been issued by the Executive Engineer. We accordingly, set aside the impugned order as it is apparently erroneous with a direction to the concerned higher authority to take a decision as to which of the two associations or both are recognized or are to be recognized and, then, communicate its decision to the Executive Engineer concerned, who shall issue consequential communication to the concerned. Let the aforesaid exercise be competed within two months. Writ petition stands disposed of. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 22.7.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench