Aakib Khan and Ors. Vs State of U.P.Thru.Prin.Secy. Nagar Vikas and Ors.

Neutral Citation No. - 2025:AHC-LKO:44539

Court No. - 5

Case :- WRIT - A No. - 9509 of 2021 Petitioner :- Aakib Khan And Ors. Respondent :- State Of U.P.Thru.Prin.Secy. Nagar Vikas And Ors. Counsel for Petitioner :- Arun Kumar Gupta,Sumit Kumar Pathak Counsel for Respondent :- C.S.C.

¶4

alongwith

¶5

Case :- WRIT - A No. - 9549 of 2021 Petitioner :- Nand Kishore And Ors. Respondent :- State Of U.P.Thru.Prin.Secy. Nagar Vikas And Ors. Counsel for Petitioner :- Arun Kumar Gupta Counsel for Respondent :- C.S.C.

¶6

Hon'ble Abdul Moin,J.

¶7

Heard Shri Sumit Kumar Pandey, learned counsel for the petitioners and Shri Piyush Kumar, learned Standing Counsel for the State.

¶8

Learned counsel for the parties contend that the issue involved in WRIT - A No. - 9509 of 2021 and WRIT - A No. - 9549 of 2021 are the same. As such, the Court proceeds to hear both the writ petitions together. For convenience, facts of Writ A No. 9509 of 2021 are being taken.

¶9

The instant writ petition has been filed praying for a writ of mandamus commanding the respondent no. 1 to make appointment of Safai Karmchari on contract basis in various legal bodies i.e. Nagar Palika Parishad and Nagar Panchayat on the basis of Government Order dated 20.12.2016 (wrongly typed as 22/12/2016 in the prayer clause), a copy of which is annexure 5 to the writ petition, per which District Magistrate, Lalitpur was directed to conclude the recruitment process in pursuance of Government Order with regard to Nagar Palika Parishad, Lalitpur, Nagar Panchayat, Tal Behat, Nagar Panchayat of Palia, Nagar Panchayat of Mehroli, District Lalitpur.

¶10

It emerges that the aforesaid Government Order dated

¶11

20.12.2016 had been stayed in pursuance of certain directions issued in writ petition no. 25403 (SS) of 2016 in re: Ashif Khan vs State of U.P. and others. Subsequent thereto this aspect of matter has been examined by this Court in writ petition no. 30653 (SS) of 2019 in re: Rajendra Kumar vs State of U.P. and others decided on 06.12.2019.

¶12

For the sake of convenience, relevant observations of this Court in the case of Rajendra Kumar (supra) are reproduced as below:

¶13

"Today, learned Standing counsel on the basis of instructions informs that in Writ Petition No. 25403 (SS) of 2016 Inre; Ashif Khan Vs. State of U.P and ors, an order had been passed on the basis of which the Government order dated 30.12.2016 by which all contractual appointments had been stayed, had been passed. It is contended that though Writ Petition No. 25403 (SS) of 2016 had been disposed of taking into consideration the judgment and order dated 20.04.2017 passed in a bunch of petition the leading being Writ Petition No. 21229 (SS) of 2017 yet considering that the same had wrongly been disposed of, a special appeal has been filed against the said order which is still pending for consideration before this Court. However, learned Standing counsel specifically admits that there is no stay order operating in either the petition of Ashif Khan (supra) or in the special appeal which has been filed against the said order as per instructions.

¶14

In this view of the matter, as the Government order dated 30.12.2016 staying all contractual appointments having been passed on the basis of an order passed in the case of Ashif Khan (supra) and the said writ petition having itself been disposed of, it cannot be said that the impugned order dated 12.09.2018 contending that there is a stay operative in the case

¶15

of Ashif Khan (supra) can be said to be an order refelcting application of mind to the relevant facts of the case."

¶16

From the perusal of the order passed in the case of Rajendra Kumar (supra) it emerges that initially Government Order dated 20.12.2016 had been stayed in pursuance of the order passed by writ court in the case of Ashif Khan (supra). Subsequent thereto the said writ petition had itself been disposed of, however a special appeal was filed in which no order has been passed till date.

¶17

Shri Piyush Kumar, learned Standing Counsel for the State states that as per his instructions a review petition was filed against the aforesaid order.

¶18

However he states that there is no stay order granted in the said review application.

¶19

Considering the aforesaid, it is thus apparent that the only impediment in compliance of the order dated 20.12.2016 was the order passed in the case of Ashif Khan (supra) which petition itself has been disposed of and despite a special appeal / review application having been filed no stay orders have been passed till date. Thus it is apparent that there is no legal impediment in compliance of Government Order dated 20.12.2016.

¶20

Considering the aforesaid, the writ petition is disposed of.

¶21

The respondents are directed to consider the claim of the petitioners in the light of the aforesaid observations.

¶22

Let such consideration be done within a period of six weeks from the date of receipt of a certified copy of this order.

¶23

Order Date :- 31.7.2025 J. K. Dinkar

¶24

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Aakib Khan and Ors. v. State of U.P.Thru.Prin.Secy. Nagar Vikas and Ors.

Case brief

What is this about?

What did the court decide?

Aakib Khan and Ors. v. State of U.P.Thru.Prin.Secy. Nagar Vikas and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Lallu Ram Vs F.C.I.Bara Khamba Lane and 5 Ors.

Dipendra Kumar Mishra Vs State of U.P. Thru. Prin. Secy. Irregtion and Water Resources Deptt. Lko. and Another

Lalchand Alias Lalchand Ram and 4 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Finance Lko . and 3 Others

Deonath Vs State of U.P. Thru. Prin. Secy. Gramya Vikas Vibhag, Lko. and 5 Others

Dr. Amit Kumar Mishra vs Union of India, Deptt. of Health Thru. Secy. (Health) New Delhi and 7 Others

Nand Kishore and Ors. Vs State of U.P.Thru.Prin.Secy. Nagar Vikas and Ors.