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2025 DAILYLAW 37537 (ALL)

ASHOK KUMAR MISHRA AND ANOTHER v. STATE OF U.P. AND 9 OTHERS

SPLA/893/2019 · 2025-04-08

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52273-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 893 of 2019 Appellant :- Ashok Kumar Mishra And Another Respondent :- State Of U.P. And 9 Others Counsel for Appellant :- Anil Kumar,Devansh Misra,Rahul Sahai,Saumitra Anand Counsel for Respondent :- Arun Kumar Tripathi,C.S.C.,Diptiman Singh,Prabhat Tripathi,Rijwan Ali Akhtar Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard Sri Devansh Misra along with Sri Saumitra Anand, learned counsel for the petitioners, Sri Diptiman Singh, learned counsel for the respondent-University and Sri Rijwan Ali Akhtar, learned counsel for respondent no. 10. This appeal is filed against the judgment and order passed by the learned Single Judge dated 31.05.2019, in Writ A No. 22357 of 2003. The claim of the petitioner-appellants before learned Single Judge was that they were appointed in the Computer Centre and were regulated by the scheme of UGC and therefore, approval of the State Government was not necessary in respect of their pay fixation. The judgment of the learned Single Judge was delivered in the writ petition of the year 2003. It is undisputed that the appellants are still working. The University of Allahabad has since become the Central University and is now governed by the Act of 2005. Subsequent Government orders and decisions have been taken by the University in the matter for grant of pay-scale to its employees. Instead of adjudicating the merits of the order of the learned Single Judge, we are of the view that the appellants be permitted to approach the Registrar of the University for fresh consideration of their claim, in accordance with the subsequent decisions of the University and in accordance with the Act of 2005. Sri Diptiman Singh, learned counsel appearing for the respondent- University has no objection to such consideration of appellants' claim by the University. Accordingly, we dispose of this special appeal with liberty reserved to the appellants to approach the Registrar of the University, along with all materials in support of their claim for award of higher pay-scale, which shall be accorded consideration, in accordance with law, by passing appropriate reasoned order, within a period of two months. Since much water has flown since the cause was brought before the learned Single Judge by the appellants, we provide that the fresh consideration of appellants' claim would not be hindered by the judgment of the learned Single Judge challenged in this appeal. Order Date :- 9.4.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad