HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9635 of 2023 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondent no. 1 and Sri Dhawal Vaish, Advocate holding brief of Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 to 3. 2. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. 3. Instant petition has been filed challenging the order dated 13.10.2023, copy of which is Annexure No. 1 to the petition. Further prayer is for a writ of mandamus commanding the respondents to grant the petitioner promotion from Assistant Grade- III to Assistant Grade-II notionally from the date of his entitlement i.e.14.01.2004 in terms of Rule 16(3)(ii)(c) of Chapter - II of the Service Regulation of the Corporation framed under the U.P. Forest Corporation Act, 1974. 4. The contention of learned counsel for the petitioner is that the matter in issue is squarely covered by the judgment and order of this Court at Allahabad passed in Writ- A No. 5819 of 2019 in re: Ram Saran Vs. State of UP and 3 Others decided on 12.03.2019, a copy of which is Annexure No. 13 to the petition. 5. Today, Sri Vaish, Advocate holding brief of Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 and 3, states that against the judgment of this Court passed in the case of Ram Saran (supra), the Corporation has filed Special Appeal Defective No. 1114 of 2019 in re: U.P. Forest Corporation and 2 Others Vs. Ram Saran and Another but no stay order has been granted in the said special appeal. He further states that Ram Saran has been granted the benefit of said judgment subject to decision in the aforesaid special appeal. 6. Sri Vaish, Advocate holding brief of Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 to 3 further argues that the general body of the Versus Counsel for Petitioner(s) : Satish Singh, Ajeet Verma, I.M. Pandey Ist, Saddam Ahamad Khan Counsel for Respondent(s) : C.S.C., Rishabh Tripathi Ramashankar Upadhyay .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Forest U.P. Lko. And 2 Others .....Respondent(s) Corporation has passed a resolution dated 03.05.2023 to amend the service regulations which provides for an automatic promotion after a person has rendered ten years meritorious service as Assistant Grade-III which decision has been sent to the State Government. 7. However, Sri Vaish, Advocate holding brief of Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 to 3 fairly states that no decision has been taken by the State Government till date consequently, the rules still continue to operate. 8. Considering the aforesaid more particularly when the petitioner is seeking the parity of the judgment passed in the case of Ram Saran (supra) and the fact that learned counsel for the respondents has failed to indicate as to why the benefit of the said judgment be not made available to the petitioner and also the fact that despite a special appeal having been filed by the respondents the order passed by the writ Court has not been stayed, as such, this Court is of the view that the petitioner is entitled for the benefit of the judgment of this Court Ram Saran (supra). 9. Keeping in view the aforesaid discussion, the writ petition is allowed. The order impugned dated 13.10.2023, copy of which is Annexure No. 1 to the petition, is set aside. 10. Respondents are directed to grant the benefit of judgment and order passed by this Court in the case of Ram Saran (supra) to the petitioner also. 11. Order of promotion, if any granted to the petitioner in pursuance to this order would be subject to the decision of Special Appeal Defective No. 1114 of 2019 to which learned counsel for the petitioner also agrees. 12. Let such an order be passed within a period of six weeks from the date of receipt of a certified copy of this order. September 4, 2025 Pachhere/- WRIA No. 9635 of 2023 2 (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench