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2025 DAILYLAW 196214 (ALL)

RAM KRIPAL AND 4 OTHERS v. STATE OF U.P. THRU. SECY. /PRIN. SECY. DEPTT. OF AGRICULTURE EDUCATION AND RESEARCH AND 2 OTHERS

WRIA/10752/2025 · 2025-11-14

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10752 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Mr. Prashant Kumar Singh, learned counsel for the respondent nos. 2 & 3, Mr. Sahars, learned Additional Chief Standing Counsel for the State and perused the records. The present writ petition has been filed challenging the Circular/Office Memo dated 29.04.2025 and termination order dated 01.07.2025. It is contended by learned counsel for the petitioners that the petitioners were engaged in the respondent-university in way back in year 1992 and subsequently in year 1995 and thereafter, they kept on working till they have been dis-engaged orally. He submits that in fact the identically situated employees are allowed to work and the petitioners are being deprived of without issuing any show cause or passing any order of termination. He submits that dis-engagement of the petitioners is against the settled proposition of law, therefore, the orders impugned are unsustainable. He further submits that the oral dis-engagement is done because of writ petitions were instituted by the petitioners, wherein, the orders were passed and because of animosity, the services of the petitioners has been dispensed with without any reason in writing, thus, submission is that the impugned orders may be quashed. Mr. Prashant Kumar Singh, learned counsel appearing for the respondent nos. 2 & 3 has opposed the contentions aforesaid and submits that since the work as well as fund is not available in the University, thus, the petitioners are not being allowed to work. He has admitted that prior to disengaging the Versus Counsel for Petitioner(s) : Kripa Shankar Shukla, Ramesh Babu Counsel for Respondent(s) : C.S.C., Prashant Kumar Singh Ram Kripal And 4 Others .....Petitioner(s) State Of U.P. Thru. Secy. /Prin. Secy. Deptt. Of Agriculture Education And Research And 2 Others .....Respondent(s) petitioners from the work, no show cause notice have been issued and no order, in writing have been passed for stopping the services of the petitioners. In addition, he argued that there is long break, in continuity of the services of the petitioners. Upon considering the submissions of counsel for the parties, the admitted position is that the petitioners worked in the respondent-university. Further the petitioners have been dis-engaged and they are not being allowed to work in the University as the reason is shown in the statement of counsel for respondent-university that work and fund is not available. While examining upon the aforesaid submissions and discussions, it is apparent that no order for termination of services has been passed and even the cause and reason have not been shown that, why the work is not being taken from the petitioners moreso, it has never been intimated to them. This practice is against the settled proposition of law. Consequently, the impugned order dated 01.07.2025 is hereby quashed. The Vice-Chancellor, Acharya Narendra Dev University of Agriculture and Technology, Kumarganj, Faizabad is directed to take decision afresh, while associating the stakeholders i.e. the petitioners, prior to passing, any order further. The order will be passed within period of six weeks and for the period of consideration, the petitioners shall be allowed to work. Needless to say that if any honorarium/remuneration is still withheld, the same shall be disbursed to the petitioners, forthwith. With the aforesaid observations, the instant petition is hereby disposed of. November 14, 2025 Mayank WRIA No. 10752 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench