Disposed

Rajesh Kumar Singh and 2 Others v. State of U.P. and 2 Others

Allahabad HC17 Sept 2021WRIA/12141/2021

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What is this about?

The Court disposed of a writ petition at the admission stage without expressing an opinion on merits. The Court permitted the petitioners to submit a fresh representation to the Principal Secretary, Employment and Training, and directed the respondent to decide it via a reasoned order.

What did the court decide?

Writ petition disposed at admission stage; petitioners to submit fresh representation; respondent to decide same within six weeks.

Rajesh Kumar Singh and 2 Others Vs State of U.P… — Service and Employment | Allahabad HC (2021)

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Court No. - 2

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Case :- WRIT - A No. - 12141 of 2021

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Petitioner :- Rajesh Kumar Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandrakesh Rai Counsel for Respondent :- C.S.C.

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Hon'ble Suneet Kumar,J.

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Heard learned counsel for the petitioners.

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Learned Standing Counsel has accepted notices on behalf of respondents no.1, 2 and 3.

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It is argued by learned counsel for the petitioners that identical controversy has already been decided by Coordinate Bench of this Court in Writ A No.5163 of 2003 (Mohd. Ramjan and another Vs. State of U.P. and others) decided on 12.12.2018. The operative portion of the aforesaid judgement dated 12.12.2018 is reproduced hereinbelow :-

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"55. In the result, writ petition is allowed. Impugned order dated 29.11.2002 (Annexure 7 to the writ petition) is set aside. Respondents are directed to treat petitioners workings as Instructors at par with other Instructors, who were placed in scale of Rs.5000-8000 and to treat petitioners similarly by providing the same pay scale and give all consequential benefits within three months."

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It is argued that against the aforesaid judgement Special Appeal No.622 of 2019 (State of U.P. and 2 others Vs. Mohd. Ramjan and another) was preferred by the State of U.P. The said appeal was also dismissed by a Division Bench of this Court vide its judgement and order dated 2.8.2019. It is contended that after the aforesaid judgements representations were submitted by the petitioner before the Director, Employment and Training, U.P., Lucknow/respondent no.2 on 16.1.2013, copy of which is appended as annexure 4 to the writ petition. It is further contended that apart from the same a representation dated 09.07.2019 was also submitted by the petitioners before the aforesaid respondent, copy of which was forwarded to the Secretary, Employment and Training, Civil Secretariat, Lucknow.

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In this view of matter only prayer was made by learned counsel for the petitioner that a mandamus be issued to the respondent no.1/Principal Secretary, Employment and Training/Vocational Education, Civil Secretariat, Lucknow, to decide the claim of the petitioners in terms of the order passed by this Court in Writ

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A No.5163 of 2003 and Special Appeal No.622 of 2019.

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With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.

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In the facts and circumstances, without expressing any opinion on merits, I dispose of this writ petition permitting the petitioners to submit a fresh representation before the respondent no.1/Principal Secretary, Employment and Training/Vocational Education, Civil Secretariat, Lucknow ventilating all his grievance, within a period of three weeks from today alongwith certified copy of this order. In case any such representation is filed by the petitioner within the period stipulated hereinabove before the respondent no.1, the respondent no.1 is directed to decide the same by passing a speaking and reasoned order within a period of six weeks, thereafter.

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Order Date :- 17.9.2021 Vikas

Rajesh Kumar Singh and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Rajesh Kumar Singh and 2 Others v. State of U.P. and 2 Others

Case brief

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