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2025 DAILYLAW 20429 (ALL)

YOGENDRA KUMAR AND ANOTHER v. NAGARPALIKA PARISHAD AND OTHERS

WRIA/10461/2001 · 2025-08-10

Saurabh Shyam Shamshery

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Judgment text

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Neutral Citation No. - 2025:AHC:135612 Court No. - 5 Case :- WRIT - A No. - 10461 of 2001 Petitioner :- Yogendra Kumar and another Respondent :- Nagarpalika Parishad And Others Counsel for Petitioner :- A.S.Diwekar,Pradeep Srivastava Counsel for Respondent :- C.S.C.,Brajesh Singh,Brijesh Singh,Ved Prakash Pandey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Gaurav Tiwari, Advocate holding brief of Sri Pradeep Srivastava, learned counsel for petitioners and Sri Vek Prakash Pandey, Advocate for Respondents-1 and 2. 2. Petitioners have challenged order dated 08.01.2001 whereby their promotion order dated 01.02.1999 was cancelled. 3. Learned counsel for petitioners has bought on record that during pendency of this writ petition aforesaid order dated 08.01.2001 was recalled vide order dated 31.05.2001, however, petitioners are not paid salary of promotional post probably on ground that this writ petition is pending before this Court. 4. Learned counsel for respondents fairly submits that in case there is no legal impediment, claim of petitioners will be considered in accordance with law. 5. In aforesaid circumstances, since it appears that during pendency of this writ petition impugned order was recalled vide order dated 31.05.2001, therefore, nothing survives in this writ petition to decide on merit. However, legal consequence of order dated 31.05.2001 shall follow, i.e., petitioners are entitled for salary of promotional post. In case still there is any legal impediment, the same shall be communicated to petitioners within a short period. 6. The writ petition is accordingly disposed of. Order Date :- 11.8.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad