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Pramod Kumar Sharma vs State Of U.P. Thru Prin.Secy. ...

High Court Of Judicature at Allahabad|29 November, 2019

JUDGMENT / ORDER

Heard Sri Virendra Kumar Dubey, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
By means of this petition, the petitioner has prayed the following relief:-
"(i) to issue a writ, order or direction in the nature of mandamus directing and commanding the opposite parties to make the payment of salary and give all other service benefits to the petitioner including arrear of salary w.e.f. his date of joining, in the same manner as are being given to Sri Khushnoor Khan and others as well as Chandra Bhan Singh and others being appointee on the post of Electrician-cum-Generator Operator on which the petitioner is functioning, within some reasonable time."
The contention of learned counsel for the petitioner is that this Court in a bunch of writ petitions, leading writ petition bearing Service Single No.15861 of 2018, Chandra Bhan Singh and others Vs. State of U.P. and others, has passed the order dated 16.1.2019, which is contained in Annexure No.9 to the writ petition. Learned counsel for the petitioner has further submitted that the identically placed persons, namely, Jai Prakash Pandey has filed one Writ Petition bearing Service Single No.13375 of 2019, which was also decided in terms of the judgment and order dated 16.1.2019. He has further submitted that the judgment and order dated 16.01.2019 in re; Chandra Bhan Singh (supra) has been assailed by filing special appeal bearing Special Appeal Defective No.490 of 2019 and the said appeal was rejected by the Division Bench of this Court vide order dated 24.10.2019, which is contained in Annexure No.10 to the writ petition. Contention of learned counsel for the petitioner is that since the present petitioner is a similarly placed person with Chandra Bhan Singh, therefore, this writ petition may be disposed of in terms of order dated 16.01.2019 passed by this Court in Service Single No.15861 of 2018 and connected matters, which has been upheld by the Division Bench of this Court vide order dated 24.10.2019.
Considering the aforesaid submission of learned counsel for the petitioner, I hereby dispose of this writ petition finally in terms of the judgment and order dated 16.01.2019 passed by this Court in re; Chandra Bhan Singh (supra) and the petitioner be paid his appropriate service benefits in terms of the judgment and order dated 16.01.2019 passed in re; Chandra Bhan Singh (supra). Liberty is given to the petitioner to produce a copy of the judgment and order dated 16.01.2019 in re; Chandra Bhan Singh (supra) along with certified copy of this order so that the competent authority may pass appropriate order. The appropriate order shall be passed with expedition, preferably within a period of eight weeks from the date of production of certified copy of this order.
Order Date :- 29.11.2019 Suresh/ [Rajesh Singh Chauhan,J.]
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Title

Pramod Kumar Sharma vs State Of U.P. Thru Prin.Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 November, 2019
Judges
  • Rajesh Singh Chauhan