CHANDRA PRAKASH PASWAN AND OTHERS v. U.P. FOREST CORPORATION, LKO. THRU. MANAGING DIRECTOR AND OTHERS
/14465/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174230 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14465 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the petitioners as well as Shri Vaibhav Mishra, learned counsel appearing for all the respondents. 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 orders dated 02.09.2025, 10.11.2025, 07.01.2025 and 02.09.2025, copies of which are Annexures No. 1, 3 and 4 to the petition. Further prayer is for a writ of mandamus commanding the respondents to grant the petitioners promotion from Assistant Grade-III to Assistant Grade-II notionally from the date of their entitlement i.e. 08.04.2023, 18.05.2022, 18.02.2024 and 05.12.2018 respectively 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. Bereft of unnecessary details, 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. 10 to the petition. 5. Today, Shri Vaibhav Mishra, learned counsel appearing for the respondents, on the basis of instructions sent by General Manager Versus Counsel for Petitioner(s) : Satish Singh Counsel for Respondent(s) : Vaibhav Mishra Chandra Prakash Paswan And Others .....Petitioner(s) U.P. Forest Corporation, Lko. Thru. Managing Director And Others .....Respondent(s)
(Personnel), 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. Shri Vaibhav Mishra, learned counsel appearing for the respondents further argues that the general body of the 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, Shri Vaibhav Mishra, learned counsel appearing for the respondents 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 petitioners are 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 petitioners 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 petitioners are entitled for the benefit of the judgment of this Court passed in the case of Ram Saran (supra). 9. Keeping in view the aforesaid discussion, the writ petition is allowed. The orders impugned dated 02.09.2025, 10.11.2025, 07.01.2025 and 02.09.2025, copies of which are Annexures No. 1, 2 and 3 to the petition, are hereby 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 petitioners also. WRIA No. 14465 of 2025 2
11. Order of promotion, if any, granted to the petitioners 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 petitioners also agrees. December 15, 2025 V. Sinha WRIA No. 14465 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench