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2025 DAILYLAW 157455 (ALL)

KANHAI LAL AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. FOREST DEPTT. LKO AND 2 OTHERS

WRIA/9028/2025 · 2025-08-12

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47038 Court No. - 8 Case :- WRIT - A No. - 9028 of 2025 Petitioner :- Kanhai Lal And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Forest Deptt. Lko And 2 Others Counsel for Petitioner :- Shivam Sharma Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the petitioners and learned State Counsel for the opposite parties. 2. Petition has been filed with the following main relief : "Mandamus, commanding the respondent No. 1 and/or 2 to declare the petitioners as substantively appointed Forester from the date of their initial appointment and to include the period of service rendered by them from their respective dates of initial appointment, till their superannuation, for fixing the period of 'qualifying service' and to pay all consequential benefits with interest at market rate, ignoring the letter dated 15.4.2025 issued by the respondent No. 3. or in the alternative commanding the respondent No. 1 and/or 2 to declare the petitioners as substantively appointed/ absorbed Forester, merged, from the post of Nikasi Munshi, in the said post, in terms of the fourth amendment of the Subordinate Forest (Rangers Deputy Rangers and Foresters) Service Rules, 1951, with effect from the date of their initial appointment and to allow them the benefit of the judgment rendered in identical circumstances, in Writ A No. 1367 of 2012, Ram Gopal Singh vs. State of U.P allowed vide a judgment and order dated 2.2.2023 (Annexure 14)." 3. It is submitted that after repeated rounds of litigation, petitioners' claim for regularization was allowed by means of judgment and order dated 23.08.2022 passed in Writ A No.4597 of 2022 whereafter regularization orders were issued on 30.04..2023 w.e.f. 22.04.2003, however, the services rendered by the petitioners prior to the aforesaid date have not been taken into account. 4. Learned counsel for the petitioners submits that in similar circumstances, relief was granted by this Court in Writ A No.1367 of 2012 "Ram Gopal Singh vs. State of U.P. and the petitioners seek parity with the aforesaid judgment. 5. Since considering petitioners' grievance would entail factual aspects, liberty is granted to petitioners to file individual fresh representations before the opposite party no.2 i.e. Principal Chief Conservator of Forest, 17, Rana Pratap Marg, Lucknow or any other competent authority. In case such representations are filed, the same shall be decided within a period of eight weeks from the date a certified copy of this order is produced before the said authority, in the light of the judgment rendered in the case of Ram Gopal Singh (supra), if the same is applicable to the petitioners. 6. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 12.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench