The Division Bench disposed of a special appeal by ordering that the judgment of the Single Judge be modified in accordance with a recent Supreme Court order in Kamesh Srivastava.
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Court No. - 2
Case :- SPECIAL APPEAL No. - 266 of 2022
Appellant :- U.P. Jal Nigam (Rural) Thru. Its Chairman And Another Respondent :- Devendra Nath Shukla And 47 Others Counsel for Appellant :- Samir Om,Rishabh Kapoor Counsel for Respondent :- Savita Jain,C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the appellants, learned State Counsel and Mrs. Savita Jain, learned counsel for the respondent Nos. 1 to 46.
Learned counsel for the appellants has submitted that the impugned judgement and order dated 17-11-2021 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.
Learned counsel for the respondent Nos. 1 to 46 has not disputed the aforesaid fact and legal position.
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 State of U.P. and another Vs. Kamesh Srivastava and others, Petition for Special Leave to Appeal (C) No. 3311 of 2022 .
Order Date :- 31.5.2022 Renu/-
Digitally signed by RENU AGARWAL Date: 2022.06.02 12:08:47 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
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State of U.P. and another Vs. Kamesh Srivastava and othersApplied¶8
State of U.P. and another Vs. Kamesh Srivastava and others, Petition for Special Leave to Appeal (C) No. 3311 of 2022
U.P. Jal Nigam (Rural)
Devendra Nath Shukla
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
