Heard Sri Khalil Ahmad Ansari, learned counsel for the petitioner and Sri Ramesh Chandra, learned Standing Counsel for the respondents.
The petitioner has come up for extension of the same benefits as has been given by this Court in the judgment dated 30.3.2009 passed in Civil Misc. Writ Petition No. 10665 of 2006 (Dharampal Singh Rajpoot and others Vs. State of U.P. and others). A copy of the said judgment has been appended as annexure 5 to the writ petition. It has further been submitted that the said judgment has also been followed by the Lucknow Bench of this Court vide judgment dated 13.7.2009 in the case of Basant Kumar Pathak and others Vs. State of U.P. and others (Writ Petition No. 5292 (S/S) of 1998. A copy of the said judgment has been appended as annexure 6 to the writ petition.
Learned counsel upon an enquiry has stated that to his best of knowledge no special appeal has been filed against the said judgments. Since the claim of the petitioner is identical to the petitioners of the said writ petition, this writ petition is disposed of with a direction that the petitioner would also be entitled to the same benefit as under the judgment dated 30.3.2009 in the case of Dharampal Singh Rajpoot (Supra).
The writ petition is accordingly disposed of with a direction to the respondents to implement the said judgment as per the directions contained therein in respect of the petitioner as well. Provided the decision cited above still holds the fields and has not be reversed or modified through appellate Court.
No order is passed as to costs.
Order Date :- 22.6.2010 Manoj