SRI RAJENDRA KUMAR PURWAR v. STATE OF U.P. THRU. PRIN. SECY. ANIMAL HUSBANDRY U.P. LKO. AND ANOTHER
WRIA/10269/2025 · 2025-09-10
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162506 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10269 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Liberty is granted to petitioner to amend the date of judgment on which reliance has been placed as indicated in prayer no.1. Consequential amendment shall be incorporated during course of the day. 3. Present petition under Article 226 of Constitution of India has been filed seeking direction to authority concerned to implement and comply judgment and order dated 29.09.2022 passed in WRIT - A No. - 7954 of 2005 as corrected vide order dated 13.10.2022 and to extend benefits of revised pay-scales and consequential service benefits in terms of Government Orders dated 19.07.1989 and 09.01.1998 with effect from 01.01.1986 with all consequential benefits and for refixing pay and pension of petitioner accordingly. 4. Mr. Sandeep Sharma, learned State Counsel has raised a preliminary objection regarding maintainability of this petition in view of fact that petition has been filed for implementation of judgement rendered earlier by this Court and submits that petitioner is a fence sitter since he was not a party in WRIT - A No. - 7954 of 2005. 5. Learned counsel for petitioner in response thereto submits that petition with such relief has been clearly held to be maintainable by a Full Bench of this Court in Prayas Buildcon Pvt. Ltd. v. State of U.P. and others reported in AIR 2022 Ald 279. It is also submitted that petitioner was a party as petitioner no.4 in aforesaid WRIT - A No. - 7954 of 2005. Versus Counsel for Petitioner(s) : Anita Singh, Prashant Kumar Sharma Counsel for Respondent(s) : C.S.C. Sri Rajendra Kumar Purwar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Animal Husbandry U.P. Lko. And Another .....Respondent(s)
6.
Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that a Full Bench of this Court in Prayas Buildcon Pvt. Ltd.(supra) has clearly held that a person in whose favour an order has been passed cannot be left remediless, in case the same is not complied with in its true letter and spirit and he cannot be deprived of the fruits of litigation and it has therefore been held that a writ petition seeking a direction to authority concerned for compliance of earlier order may be maintainable. 7. It is also submitted that petitioner was a party in WRIT - A No. - 7954 of 2005 and therefore would not be a fence sitter. 8. In view thereof, preliminary objection raised is hereby rejected. 9. Since the petition has been filed for implementation of judgment and order of this Court, opposite party no.2 i.e. Director, Animal Husbandry (Administration & Development), Badshahbagh, Lucknow is directed to ensure compliance of judgment and order dated 29.09.2022 passed in WRIT - A No. - 7954 of 2005 (Shobaran Lal Katiyar & others v. State of U.P. & others) as corrected vide order dated 13.10.2022 in terms of Government Order dated 19.07.1989 and 09.01.1998 expeditiously within a period of eight weeks from the date a certified copy of the order is served upon opposite party. 10. With aforesaid direction, the petition stands finally disposed of. September 10, 2025 kvg/- WRIA No. 10269 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench