RAVI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. U.P. VIDHAN PARISHAD LKO. AND OTHERS
WRIA/12993/2025 · 2025-11-10
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177317 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177317 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12993 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Sri Abhinav Trivedi, learned counsel for respondent no.4, has stated that all the petitioners are employees of the Vidhan Parishad, State of U.P. The Respondent no. 2, Principal Secretary, U.P. Vidhan Sabha, has been unnecessarily impleaded as the petitioners have challenged the legality and validity of the Vidhan Parishad Service Rules.
Learned counsel for the petitioners states that respondent no.2 may be deleted from the array of respondents, as no relief has been sought against respondent no.2 in this writ petition.
Learned counsel for the petitioners is directed to delete respondent no.2 from the array of respondents during the course of the day. This writ petition has been filed with the following reliefs :- (i) Issue a writ, order or direction in the nature of certiorari thereby quashing Rule 20 (1) & (2) of the Uttar Pradesh Legislative Council Secretariat Service (Recruitment and Conditions Of Service) Fourth Amendment Rules, 2019, and its consequential effect on the Uttar Pradesh Legislative Council Secretariat Service (Recruitment and Conditions Of Service) Rules, 1976 contained as Annexure No.1.
II. Issue a writ in the nature of mandamus. thereby staying the Rule 20 (1) & (2) of the Uttar Pradesh Legislative Council Secretariat Service (Recruitment and Conditions Of Service) Fourth Amendment Rules, 2019, and its consequential effect on the Uttar Pradesh Legislative Council Secretariat Service (Recruitment and Conditions Of Service) Rules, 1976 UP state Versus Counsel for Petitioner(s) : Uma Shankar Lal, Abul Fazal Jaffrey Counsel for Respondent(s) : Akansha Dubey, Abhinav Trivedi, C.S.C. Ravi And 4 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. U.P. Vidhan Parishad Lko. And Others .....Respondent(s)
Legislative council secretariat (Recruitment and conditions of service) rules, to the extent it restricts equitable and adequate opportunity of promotion to class IV employees and further direct the respondent no. 1 to consider the case of the petitioners according to the Uttar Pradesh Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1974 Contained as Anixuere No.2. A preliminary objection has been raised regarding the framing of the reliefs claimed, as the petitioners have challenged the vires of the Rules. They have prayed for certiorari instead of mandamus, as is required under the law settled by the Hon'ble Supreme Court in Prabodh Verma v. State of U.P., (1984) 4 SCC 251. At this stage, learned counsel for the petitioners prays that this writ petition may be dismissed as withdrawn, with liberty to file a fresh writ petition. Accordingly, the writ petition is dismissed as withdrawn, with liberty to file a fresh writ petition. November 10, 2025 Ashish Dewal WRIA No. 12993 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench