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2025 DAILYLAW 40930 (ALL)

MUNNALAL v. STATE OF U.P. AND 4 OTHERS

WRIA/4726/2025 · 2025-04-15

Saurabh Shyam Shamshery

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:55727 Court No. - 6 Case :- WRIT - A No. - 4726 of 2025 Petitioner :- Munnalal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Misra Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Dinesh Kumar Misra, learned counsel for the petitioner and Sri Bhanu Pratap Singh Kachhawah, learned counsel for respondent nos.2 to 4. 2. This is the second round of litigation. 3. Claim of the petitioner to consider him to be regularized w.e.f. date of appointment was rejected by the impugned order dated 10.1.2025. 4. Learned counsel for the petitioner refers a judgment passed by this Court in Writ-A No.13360 of 2024, Neutral Citation No.2024:AHC:141203 on the issue as well as Government Order dated 17.10.1984 that same were not considered and erroneously impugned order was passed rejecting the petitioner's claim. 5. Learned counsel for the respondents submitted that impugned order requires to revisit taking note of above referred Government Order dated 17.10.1984 and the judgment cited on the issue. 6.In the aforesaid circumstances, impugned order dated 10.1.2025 is set-aside and matter is remanded to concerned respondent to pass a fresh order taking note of above referred Government Order dated 17.10.1984 and the judgment cited on the issue. 7. Concerned respondent is put on caution that such illegality may not be repeated in future while passing orders specifically when the issue is already being settled. 8. With aforesaid direction, this writ petition is disposed of. 9. A copy of this order be sent tp Principal Secretary, (Basic Education), Uttar Pradesh at Lucknow for compliance. Order Date :- 16.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad