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Allahabad High Court · body

2025 DAILYLAW 186530 (ALL)

RAM GARIB AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AGRICULTURE LKO AND 5 OTHERS

WRIA/15122/2025 · 2025-12-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 15122 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Sri Prashant Kumar Singh, learned counsel for the Acharya Narendra Dev Agriculture University, Ayodhya, Sri Ashutosh Mishra, learned Standing Counsel for the State and perused the record. The present writ petition has been filed with the following main reliefs:- "(I) Issue a writ, order or direction in the nature of Mandamus thereby commanding the respondents to decide the representation of the petitioner dated 03.09.2025 and 09.09.2025 annexed as Annexure No. -1 to instant writ petition expeditiously, within a time-bound frame, in accordance with law; (II) Issue a writ, order or direction in the nature of Mandamus thereby commanding the respondents to petitioners regarding reinstate of working service to the applicant. (III) Issue a writ, order or direction in the nature of Mandamus thereby commanding the respondents to do not disturb in service. (IV) Issue a writ, order or direction in the nature of Mandamus thereby commanding the respondents to regularize the service of petitioners." The challenge is laid to the orders dated 18-09-2025, 30-08-2025,03-09- 2025, 19-11-2025 passed by the opposite party no. 2 to the extent that there is an observation that the petitioners are working since December, 2002, July, 2006, January, 2002, January, 2016 & April, 2012, whereas, the fact remains that the petitioners are working since December, 1998, March, Versus Counsel for Petitioner(s) : Vinod Kumar Yadav Counsel for Respondent(s) : C.S.C. Ram Garib And 4 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Agriculture Lko And 5 Others .....Respondent(s) 1990, February, 2001, October,1996, January, 1992 respectively as daily wagers and in the year 2002, they preferred Writ Petition No. 4677(S/S) of 2002 for regularization of his services, wherein, this Court directed for payment of the minimum of the pay scale. He submits that the order of regularization has the perverse finding as an admitted fact, has apparently been declined and therefore, the very genesis and basis of consideration of the regularization of the services of the petitioners with respect to the cut off date, has become incorrect. He submitted that infact there is a direction for payment of minimum of the pay-scale and being annoyed, the services of the petitioners, have been terminated. He also submitted that the government order dated 21-12-2020 is clear that the cut off date is extended from 16-04- 1992 to 16-04-2002 and ignoring the same and on wrong pretext, the order impugned has been passed. Therefore, submission is that the order impugned is unsustainable and is liable to be quashed. He further submits that the petitioner is entitled for minimum of the pay-scale for the period, he worked. On the other hand, Sri Prashant Kumar Singh, appearing for the respondent- university, has opposed the matter on merits, and submitted that the petitioners did not work continuously in the university and there are no artificial gaps, but, there is long gap in their service, but, he has failed to refute the contention of learned counsel for the petitioners that there is an observation in the impugned order that the petitioners are working since December,2002, July, 2006, January, 2002, January,2016, April,2012 which is utterly wrong fact. Upon considering the submissions of learned counsels for the parties and after perusal of the record, it is apparent that the petitioners are working in the department since the year 1988, though there is a dispute regarding their continuous working in the department. The cut off date which has been extended vide the government order dated 21-12-2020, is 16-04-2002, which has been extended from the earlier cut off date i.e. 16-04-1992, extended on the request of the respondent-university. This Court has noticed that while deciding the representation of the petitioners, in compliance of the orders dated 19-02-2025, 27-03-2025, 03- 03-2025, 25-05-2025, passed in Writ A No. 1948 of 2025, 3248 of 2025, 2434 of 2025, 5985 of 2025 respectively, the facts are mentioned that the WRIA No. 15122 of 2025 2 petitioners are working in the department since the year December,2002, July 2006, January, 2002, January,2016, April,2012 thus, this was in the mind of the authority that the appointment of the petitioners is after the cut off date i.e. the year 2002. The question that whether the petitioners were working in the department or not, is another issue, which is to be dealt with in further course of action. Consequently, the orders dated 18-09-2025, 30-08-2025, 03-09-2025, 19-11- 2025 are unsustainable in the eyes of law and the same is hereby quashed with respect to the present petitioners. The matter is remitted back to the opposite party no. 2/Vice Chancellor, Acharya Narendra Dev University of Agriculture and Technology,Kumarganj, Ayodhya to consider the case of the petitioners for regularization of their services, afresh within a period of two months, with speaking and reasoned order, from the date a certified copy of this order is produced before him. Needless to say that in the earlier order, the direction was for payment of minimum of the pay-scale, thus, it is expected that the authority concerned shall undertake the proceedings with respect to payment of the same. It is provided that till a decision is taken by the Vice Chancellor of the respondent-university, the petitioners shall be allowed to work. The writ petition is allowed accordingly. December 19, 2025 AKS WRIA No. 15122 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench