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2025 DAILYLAW 159386 (ALL)

TEJ PAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND 4 OTHERS

WRIC/8141/2025 · 2025-08-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8141 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit, filed by learned counsel for the petitioners, is taken on record. 2. Heard learned counsel for the petitioners as well as learned Standing Counsel for the State-respondent(s) and perused the material brought on record. 3. The present petition has been filed by the petitioners challenging the action of the respondent no.4, whereby the petitioners were removed from the membership of the association. 4. The contention of learned counsel for the petitioners is that, the association i.e. the respondent no.4, has been recognized by the State Government in pursuance to, the provisions contained in the U.P. Government Servants (Recognition of Service Associations), Rules, 1959, on the strength of the said, it is proposed to be argued that a writ can be issued against the said association. 5. The said plea cannot be accepted as primarily, the association has no statutory force or is not constituted under any Act so as to make it amenable to the writ jurisdiction of this Court and cannot be termed as State under Article 12 of the Constitution of India. Mere recognition of the association, would not confer the status of State within the meaning of Article 12 of the Constitution of India so as to make it amenable to the writ jurisdiction of this Court. 6. In view thereof, petition cannot be entertained and is, accordingly, Versus Counsel for Petitioner(s) : Farooqahmad, Rahmatullah Khan Counsel for Respondent(s) : C.S.C. Tej Pal And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Lko. And 4 Others .....Respondent(s) dismissed. 7. However, the petitioners would be at liberty to take such steps, as may be advised under law to protect their interest. August 28, 2025 Praveen WRIC No. 8141 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench