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2025 DAILYLAW 175816 (ALL)

MANOJ KUMAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. AGRICULTURE EDU. and ORS.

WRIA/27778/2021 · 2025-10-29

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 27778 of 2021 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Abhay Dixit, advocate, holding brief of Mr. Satyanshu Ojha, learned counsel for respondent nos. 2 to 5 and Mr. Ashutosh Mishra, learned counsel for the State. Instant petition has been filed with the following reliefs:- "(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to regularize the services of petitioner on Class III post from the date of regularization of junior to the petitioner with consequential benefits. (ii) to issue a writ, order or direction in the nature of Certiorari quashing the impugned advertisement dated 7-10-2021 in respect of the advertisement for the post of Assistant/T4, contained as Annexure No. 1 to this writ petition; (iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to fill up the Class III post of Assistant/T4 till the date of regularization of the petitioner, (iv) to issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case; (v) to allow this writ petition with all costs in favour of the petitioner" The contention of learned counsel for the petitioner is that the opposite parties are not considering the regularization of the petitioner on Class-III post, from the date of regularisation of the juniors to the petitioner and the payment of consequential benefits. He submitted that in the identically situated matter, it has been dealt with, in the case of Pawan Kumar Singh Versus Counsel for Petitioner(s) : Vikas Kumar Agrawal Counsel for Respondent(s) : C.S.C., Satyanshu Ojha Manoj Kumar Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Agriculture Edu. And Ors. .....Respondent(s) and another (Writ A No. 27833 of 2021) vide order dated 06.02.2025, which has attained finality as the Special Appeal filed against the aforesaid judgment was dismissed in Special Appeal Defective No. 196 of 2025 vide order dated 22.05.2025 and further the same was also assailed before the Apex Court, in SLP No. 36359 of 2025 that too has been disposed of with the observations that the appellant therein, shall comply with the order passed by the High Court. He submitted that the case of the present petitioner is on identical footings, therefore, the petitioner is also entitled for the same relief as is granted in the case of Pawan Kumar Singh(Supra). Learned counsel for the State has failed to refute the contentions aforesaid. Considering the submissions of counsel for the parties particularly the contention of learned counsel for the petitioner that the matter is identical to the case of Pawan Kumar Singh(Supra) and that has been upheld by the Division Bench of this Court as well as by the Apex Court and even the University authorities had admitted before the Apex Court to comply with the order passed by the High Court in Pawan Kumar Singh's case, the present petitioner is also entitled for the same relief. Consequently, the benefit of the judgment and order passed in Pawan Kumar Singh and another in Writ A No. 27833 of 2021 is also accorded to the present petitioner. The opposite parties are directed to undertake the proceeding in-compliance of the order passed in the case Pawan Kumar Singh and another, in the present matter, within period of two months. With the aforesaid observations, the instant petition is hereby allowed. October 29, 2025 Mayank WRIA No. 27778 of 2021 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench