Sri Rajendra Kumar Purwar Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2025)

Sri Rajendra Kumar Purwar Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Opposite party no.2, Director, Animal Husbandry (Administration & Development), Badshahbagh, Lucknow, directed to ensure compliance of judgment and order dated 29.09.2022 passed in WRIT - A No. - 7954 of 2005 as corrected vide order dated 13.10.2022, in terms of Government Orders dated 19.07.1989 and 09.01.1998, expeditiously within eight weeks from service of a certified copy of the order upon opposite party.

Issue for consideration

Whether a writ petition seeking a direction for implementation/compliance of a judgment and order earlier rendered by this Court is maintainable, notwithstanding the State's preliminary objection that the petitioner was a fence sitter.

Court's answer

Preliminary objection regarding maintainability of the petition is rejected, the Court proceeding on the Full Bench ruling in Prayas Buildcon Pvt. Ltd. (supra) and on the petitioner having been a party (petitioner no.4) in the earlier writ WRIT - A No. - 7954 of 2005.

Ratio / Principle

Adopting the Full Bench finding, the Court holds that a person in whose favour an order has been passed cannot be left remediless where it is not complied with in its true letter and spirit, nor deprived of the fruits of litigation, and that a writ petition seeking a direction to the authority concerned for compliance of an earlier order may be maintainable.

Detailed headnote1 paragraphs

Petition under Article 226 of the Constitution by Sri Rajendra Kumar Purwar (WRIT - A No. - 10269 of 2025, Allahabad High Court, Lucknow Bench, Court No. 8; decided 10.09.2025 by Hon'ble Manish Mathur, J.) seeking enforcement of judgment and order dated 29.09.2022 passed in WRIT - A No. - 7954 of 2005 (Shobaran Lal Katiyar & others v. State of U.P. & others) as corrected vide order dated 13.10.2022, so as to extend revised pay-scales and consequential service benefits in terms of Government Orders dated 19.07.1989 and 09.01.1998 with effect from 01.01.1986 and to refix pay and pension accordingly. State Counsel's preliminary objection that a petition for implementation of an earlier judgment is unsustainable and the petitioner a fence sitter was rejected in view of the Full Bench ruling of this Court in Prayas Buildcon Pvt. Ltd. v. State of U.P. and others, AIR 2022 Ald 279, viz. that a person in whose favour an order has been passed cannot be left remediless nor deprived of the fruits of litigation, and since the petitioner had been petitioner no.4 in the earlier writ. Director, Animal Husbandry (Administration & Development), Badshahbagh, Lucknow, was directed to ensure compliance expeditiously within eight weeks of service of a certified copy; petition finally disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 10269 of 2025

Sri Rajendra Kumar Purwar

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Animal Husbandry U.P. Lko. And Another

.....Respondent(s)

Counsel for Petitioner(s) : Anita Singh, Prashant Kumar Sharma Counsel for Respondent(s) : C.S.C.

Court No. - 8

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.

Liberty is granted to petitioner to amend the date of judgment on which reliance has been placed as indicated in prayer no.1. Consequential amendment shall be incorporated during course of the day.

Present petition under Article 226 of Constitution of India has been filed seeking direction to authority concerned to implement and comply judgment and order dated 29.09.2022 passed in WRIT - A No. - 7954 of 2005 as corrected vide order dated 13.10.2022 and to extend benefits of revised pay-scales and consequential service benefits in terms of Government Orders dated 19.07.1989 and 09.01.1998 with effect from 01.01.1986 with all consequential benefits and for refixing pay and pension of petitioner accordingly.

Mr. Sandeep Sharma, learned State Counsel has raised a preliminary objection regarding maintainability of this petition in view of fact that petition has been filed for implementation of judgement rendered earlier by this Court and submits that petitioner is a fence sitter since he was not a party in WRIT - A No. - 7954 of 2005.

Learned counsel for petitioner in response thereto submits that petition with such relief has been clearly held to be maintainable by a Full Bench of this Court in Prayas Buildcon Pvt. Ltd. v. State of U.P. and others reported in AIR 2022 Ald 279. It is also submitted that petitioner was a party as petitioner no.4 in aforesaid WRIT - A No. - 7954 of 2005.

WRIA No. 10269 of 2025

2

Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that a Full Bench of this Court in Prayas Buildcon Pvt. Ltd. (supra) has clearly held that a person in whose favour an order has been passed cannot be left remediless, in case the same is not complied with in its true letter and spirit and he cannot be deprived of the fruits of litigation and it has therefore been held that a writ petition seeking a direction to authority concerned for compliance of earlier order may be maintainable.

It is also submitted that petitioner was a party in WRIT - A No. - 7954 of 2005 and therefore would not be a fence sitter.

In view thereof, preliminary objection raised is hereby rejected.

Since the petition has been filed for implementation of judgment and order of this Court, opposite party no.2 i.e. Director, Animal Husbandry (Administration & Development), Badshahbagh, Lucknow is directed to ensure compliance of judgment and order dated 29.09.2022 passed in WRIT - A No. - 7954 of 2005 (Shobaran Lal Katiyar & others v. State of U.P. & others) as corrected vide order dated 13.10.2022 in terms of Government Order dated 19.07.1989 and 09.01.1998 expeditiously within a period of eight weeks from the date a certified copy of the order is served upon opposite party.

With aforesaid direction, the petition stands finally disposed of.

(Manish Mathur,J.)

September 10, 2025

kvg/-

Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench