Allowed

U.P Jal Nigam (Rural) Thru. Its Chairman and Another v. Mohammad Waseem Iqbal and 3 Others

Allahabad HC30 May 2022/257/2022

Case brief

AI extract

What is this about?

The Division Bench disposed of this special appeal by providing that the impugned judgment of the learned Single Judge stands modified in terms of the Supreme Court order in State of U.P. vs. Kamesh Srivastava.

What did the court decide?

The judgment of the learned Single Judge dated 15-11-2021 is modified in terms of the Supreme Court order dated 20-05-2022.

U.P Jal Nigam (Rural) Thru. Its Chairman and… — Service and Employment | Allahabad HC (2022)

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Court No. - 2

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Case :- SPECIAL APPEAL No. - 257 of 2022

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Appellant :- U.P Jal Nigam (Rural) Thru. Its Chairman And Another Respondent :- Mohammad Waseem Iqbal And 3 Others Counsel for Appellant :- Rishabh Kapoor,Samir Om Counsel for Respondent :- Prashant Chandra,C.S.C.

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the appellants, learned State Counsel and Mr. Prashant Chandra, learned counsel for the respondent Nos. 1 and 2.

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Learned counsel for the appellants has submitted that the impugned judgement and order dated 15-11-2021 passed by the learned Single Judge which is the subject matter of this special appeal is based on the judgment in the case of Kamesh Srivastava and others Vs. State of U.P. and others decided by the learned Single Judge on 27-02-2020 in Service Single No.11991 of 2017. It has further been submitted that the said judgement in the case of Kamesh Srivastava and other rendered by the learned Single Judge on 27.02.2020 was subjected to special appeal which was dismissed by the Division Bench of this Court. However, the judgement of the Division Bench in the case of Kamesh Srivastava and others was subject matter of challenge before the Hon'ble Supreme Court in Petition for Special Leave to Appeal (C) No. 3311 of 2022 wherein the judgment of this Court has been upheld with certain modifications.

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Learned counsel for the respondent Nos. 1 and has not disputed the aforesaid fact and legal position.

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Accordingly, we dispose of this special appeal by providing that the judgment of learned Single Judge shall stand modified in terms of the order dated 20-05-2022 passed by the Hon'ble Supreme Court in the case of State of U.P. and another Vs. Kamesh Srivastava and others, Petition for Special Leave to Appeal (C) No. 3311 of 2022 .

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Order Date :- 30.5.2022 Sanjay

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Digitally signed by SANJAY PRATAP SINGH Date: 2022.05.31 10:20:41 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

U.P Jal Nigam (Rural) Thru. Its Chairman and Another v. Mohammad Waseem Iqbal and 3 Others

Case brief

What is this about?

What did the court decide?

U.P Jal Nigam (Rural) Thru. Its Chairman and Another v. Mohammad Waseem Iqbal and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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