RAM SINGH v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 4 OTHERS
WRIA/7149/2024 · 2025-07-25
Manish Mathur
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 156249 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156249 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43043 Court No. - 18 Case :- WRIT - A No. - 7149 of 2024 Petitioner :- Ram Singh Respondent :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Despite directions issued on 31.08.2024, no counter affidavit has been filed till date. 3. Petition has been filed challenging order dated 30.04.2024 declining duty to petitioner on the post of Volunteer Provincial Guard Team (Prantiya Rakshak Dal) on the ground that he was unable to produce Training Certificate for purposes of online data feeding. Further prayer in the nature of Mandamus has been sought directing opposite parties to provide duties to petitioner on the post of Prantiya Rakshak Dal and for payment of honorarium. 4. Learned counsel for petitioner submits that in the case of similarly situated persons, this Court has passed the order dated 7.10.2021 in Service Single No.12261 of 2021, Kapil Dev Tiwari Vs. State of U.P. and others. Against the said judgement and order dated 7.10.2021, the State filed Special Appeal No.131 of 2022, which was dismissed vide order dated 5.4.2022. 5. Learned Standing Counsel fairly submits that the controversy involved in this bunch of writ petitions is squarely covered by the judgement and order dated 7.10.2021 passed by this Court in Service Single No.12261 of 2021 (supra). 6. For the sake of convenience, the operative portion of the judgement and order dated 7.10.2021 passed by this Court in Service Single No.12261 of 2021 (supra) is reproduced as under:-
"Considering the fact that the petitioner has rendered 9 years of long services with Prantiya Rakshak Dal and his work and conduct was not found unsatisfactory at any point of time and no complain whatsoever, was received against him, at this stage, dispensing with his service, would be inequitable. Even, if the petitioner has not been able to produce his training certificate, since he has rendered 9 years long services with the department, it would be appropriate to direct the respondents to give the duty to the petitioner if there is work and pay him honorarium as is being paid to the other members of Prantiya Rakshak Dal. With the aforesaid directions, the present writ petition is finally disposed of."
7.
Upon consideration thereof, it is evident that petitioner's case is fully covered by the aforesaid
judgment in fact more so since petitioner has put in 24 years of service from the date of initial engagement.
8. In view thereof, the impugned order dated 30.04.2024 so far as it relates to petitioner is hereby quashed by issuance of a writ in nature of Certiorari. A further direction is issued to concerned authority to provide duty to petitioner on the post of Prantiya Rakshak Dal and to pay him honorarium in parity with other members of the aforesaid Organization.
9. Resultantly, the petition succeeds and is allowed.
Order Date :- 25.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench