SANJAY KUMAR DUBEY AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/3555/2025 · 2025-03-20
Saurabh Shyam Shamshery
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 23598 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23598 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:41500 Court No. - 6 Case :- WRIT - A No. - 3555 of 2025 Petitioner :- Sanjay Kumar Dubey And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhan Pal Counsel for Respondent :- C.S.C.,Harshit Pandey Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Sanjeev Singh, Advocate holding brief of Sri Dhan Pal, learned counsel for petitioner and Sri Munna Pandey, learned counsel for respondents.
2. Learned counsel for petitioner refers certain documents annexed along with this writ petition as well as averments that petitioner has a case for consideration for regularization.
3. Learned counsel for respondents has heavily opposed above submissions and submits that he has instructions that appointment of petitioner was de-hors of Rules and he was terminated on 23.07.2012, however, he submits that representation, if any, of petitioner will be considered and legal impediment, if any, will be communicated to him.
4. Learned counsel for petitioner, at this stage, submits that while deciding representation of petitioner, concerned respondents may take note of judgment of this Court in Anand Kumar Kasera and others vs. State of U.P. and others, 2023:AHC:85426 which has been upheld by Supreme Court in Special Leave Petition (Civil) No. 29445/2024 decided on 20.09.2024.
5. Considering prayer of learned counsel for petitioner and at this stage, without entering into merit of case since there are disputed facts, therefore, this writ petition
is disposed of with an observation that concerned respondent will decide the representation which has already been filed or if a fresh representation is filed within 2 weeks annexing all relevant documents of facts as well as law on issue, thereafter, concerned respondent will decide the said representation expeditiously and in case of legal impediment, same shall be communicated to petitioner. Order Date :- 21.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad