STATE OF U.P. THRUGH SECY. IN REW.P.NO.2856/SS/2002 v. SRI RAJESH SRIVASTAVA AND ORS.
SPLA/24/2003 · 2025-10-29
Rajan Roy, Rajeev Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177155 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177155 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 24 of 2003 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE RAJEEV BHARTI, J.
1. The special appeal was filed in the year 2003, challenging an interim order dated 17.05.2002, by which the opposite parties in the writ petition, who are appellants before us, were directed to pay the salary of the petitioner from April 2002. No stay order was granted in this appeal. Consequently, the respondent-petitioners have been receiving salary. The case of the appellants before us is that the respondents were illegally appointed.
2. On being asked as to the status of the writ petition, it has been informed that the records were connected with this appeal on account of which, the learned Single Judge could not decide the writ petition.
3. Looking into the entire scenario before us, considering the fact that the respondent-petitioners have been receiving salary since April 2002, we dispose of this appeal with a request to the learned Single Judge to consider and dispose of the writ petition, out of which this appeal arises, at the earliest, giving it priority in hearing.
4. Office is directed to list the writ petition before the writ court on 12.11.2025.
5. Learned counsel for the respondents assures the court that unnecessary adjournment shall not be sought.
6. We make it clear that the payment of salary being made to the respondent- petitioners under the interim order shall abide by the final result of the writ petition.
7. Our order shall not be understood as an affirmation of the interim order passed by the writ court as the writ itself is to be finally decided on merits, Versus Counsel for Appellant(s) : C.S.C., Krishna Kumar Singh Counsel for Respondent(s) : Pankaj Bajpai, Manoj Kumar Pandey State Of U.P. Thrugh Secy. In Rew.P.No.2856/Ss/2002 .....Appellant(s) Sri Rajesh Srivastava And Ors. .....Respondent(s)
uninfluenced by the interim order. October 29, 2025 DiVYa SPLA No. 24 of 2003 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench