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Neutral Citation No. - 2025:AHC:87063-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 838 of 2024 Appellant :- State Of Up And 3 Others Respondent :- Dinesh Kumar Singh And 3 Others Counsel for Appellant :- C.S.C.,Sudhanshu Srivastava Counsel for Respondent :- Sanjeev Singh,Siddharth Khare Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. This appeal is by the State challenging judgment and order of learned Single Judge, dated 13.03.2024, passed in Writ-A No.26928 of 2023, whereby the writ petition filed by the respondents/petitioners has been allowed. 2. Services of respondents/petitioners were regularized in the year
2011. This order was challenged by the Committee of Management in the writ petition before this Court, which came to be allowed in view of the judgment of this Court in Surendra Kumar Srivastava vs. State of U.P. and others reported in 2007 (1) ESC 118 (All.)(DB) and regularization of writ petitioners thereafter was cancelled. 3. The view taken in Surendra Kumar Srivastava's case (supra), on account of which the regularization order passed in favour of respondents/petitioners was set aside, stands specifically overruled by a Full Bench of this Court in Jahaj Pal vs. District Inspector of Schools and another reported in 2019 (134) ALR 600. Learned Single Judge relying upon the judgment in Jahaj Pal's case (supra) has consequently allowed the writ petition and quashed the order dated 10.04.2013, cancelling regularization of writ petitioners. 4. Though various arguments are raised on behalf of the appellant State but we find that the position in law, as has been settled in the Full Bench Judgment in the case of Jahaj Pal (supra), remains undisputed. The fact that the respondents/petitioners were otherwise regularized and regularization thereafter was cancelled only on account of judgment in the case of Surendra Kumar Srivastava (supra) is also undisputed. 5. Since the view taken in Surendra Kumar Srivastava (supra) has been specifically overruled by the Full Bench of this Court in Jahaj
Pal's case (supra), the view taken by learned Single Judge in the impugned judgment to interfere with the order of Regional Level Committee, merits no interference. 6. Special appeal is, consequently, dismissed. All benefits in terms of the judgment of learned Single Judge, dated 13.03.2024, would be extended to the respondents/petitioners, in accordance with law, without further loss of time. Order Date :- 22.5.2025 Ashok Kr.
Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad