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Ashish Kumar Tharu And Others vs State Of U.P. Thru. Prin. Secy. ...

High Court Of Judicature at Allahabad|13 April, 2023
Heard Sri Anand Pratap Singh, Advocate holding brief of Sri Amitabh Pratap Singh, learned counsel for the petitioners, learned Standing Counsel and Sri Anshuman Srivastava, Advocate holding brief of Sri Sunil Sharma, learned counsel for respondent Nos. 2 & 3.
By means of this petition the petitioner has assailed the order dated 29.7.2020 passed by the Executive Director (Administration), U.P. Cooperative Federation, opposite party no. 4 under the garb of which annual pay increment of the petitioner has been withheld on account of Government Order dated 18.3.2020 prohibiting promotion, regularisation and merger of employees recorded between the period 1.4.2012 to 13.3.2017.
As per learned counsel for the petitioner the petitioner was duly selected for the post of 'Sahayak Ganak' and after completing successfully the period of probation was promoted to continue on the post in question since 19.9.2015.
Sri Sharma has submitted that the Managing Director of the Federation has preferred a letter dated 29.7.2020 to the Additional Chief Secretary, Cooperative seeking clarification of the Government Order dated 18.3.2020 and again preferred a reminder on 1.12.2020 to the Government which is pending consideration. He has also submitted that the order dated 29.7.2020 was passed in compliance of the aforesaid government order, therefore, the said impugned order would be subject to the guidelines being provided by the State Government to the Federation.
Learned counsel for the petitioner has drawn attention of this Court towards the interim order dated 9.11.2020 passed by this Court in Service Single No. 19579 of 2020 : Shailendra Pratap Mishra vs. State of U.P. & others whereby this Court in a more or less identical case has stayed the operation of similar order, therefore, learned counsel for the petitioner has prayed that the similar benefit may be extended to the present petitioner.
The matter requires consideration.
Let the counter affidavit be filed by the opposite parties within a period of three weeks, rejoinder affidavit, if any may be filed in one week thereafter.
Connect this petition along with Writ A No. 19579 of 2020.
Till the next date of listing the operation and implementation of the order dated 29.7.2020 passed by the opposite party no. 4 so far it relates to the petitioner shall remain stayed.
When the case is next listed name of Sri Sunil Sharma may be printed in the cause list as counsel for the opposite party no. 2 & 3.
(Alok Mathur, J.) Order Date :- 13.4.2023 Ravi/
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  • Alok Mathur