Allowed

Shubham Kumar Srivastava v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Forest Lko. and 3 Others

Allahabad HC28 Aug 2025WRIA/9525/2025

Case brief

AI extract

What is this about?

U.P. Forest Corporation; Assistant Grade-III; Assistant Grade-II; notional promotion; entitlement date 21.02.2019; Rule 16(3)(ii)(c) Chapter-II Service Regulation; U.P. Forest Corporation Act 1974; parity with Ram Saran Writ-A No. 5819 of 2019 decided 12.03.2019; Special Appeal Defective No. 1114 of 2019 pending, no stay; promotion subject to special appeal; Corporation resolution dated 03.05.2023

What did the court decide?

Writ petition allowed; impugned order dated 28.07.2025 set aside; respondents directed to extend to the petitioner the benefit of the judgment in Ram Saran (Writ-A No. 5819 of 2019), with any resultin

Shubham Kumar Srivastava Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Forest Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 9525 of 2025

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Shubham Kumar Srivastava

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Forest Lko. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Satish Singh, Himanshu Singh Counsel for Respondent(s) : C.S.C., Rishabh Tripathi

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Court No. - 4

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HON'BLE ABDUL MOIN, J.

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Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondents no. 1 and Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 and 3.

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With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.

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Instant petition has been filed challenging the order dated 28.07.2025, a copy of which is Annexure No. 1 to the petition. Further prayer is for a writ of mandamus commanding the respondents to grant the petitioner promotion from Assistant Grade-III to Assistant Grade-II notionally from the date of his entitlement i.e. 21.02.2019 in terms of Rule 16(3)(ii)(c) of Chapter - II of the Service Regulation of the Corporation framed under the U.P. Forest Corporation Act, 1974.

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Bereft of unnecessary details, the contention of learned counsel for the petitioner is that the matter in issue is squarely covered by the judgment and order of this Court at Allahabad passed in Writ-A No. 5819 of 2019 in re: Ram Saran Vs. State of UP and 3 Others decided on 12.03.2019.

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Today, Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 and 3, on the basis of instructions sent by General Manager (Personnel) of the Corporation states that against the judgment of this Court passed in the case of Ram Saran (supra), the Corporation has filed Special Appeal Defective No. 1114 of 2019 in re: U.P. Forest Corporation and 2 Others Vs. Ram Saran and Another but no stay order has been granted in the said

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WRIA No. 9525 of 2025

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special appeal. He further states that Ram Saran has been granted the benefit of said judgment subject to decision in the aforesaid special appeal.

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Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 and 3 further argues that the general body of the Corporation has passed a resolution dated 03.05.2023 to amend the service regulations which provides for an automatic promotion after a person has rendered ten years meritorious service as Assistant Grade-III which decision has been sent to the State Government.

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However, Shri Rishabh Tripathi, learned counsel appearing for respondents no. 2 and 3 fairly states that no decision has been taken by the State Government till date consequently, the rules still continue to operate.

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Considering the aforesaid more particularly when the petitioner is seeking the parity of the judgment passed in the case of Ram Saran (supra) as well as the fact that the respondents while deciding the representation of the petitioner vide order dated 28.07.2025 have only indicated about the pendency of the said special appeal before Division Bench of this Court at Allahabad to be an impediment in allowing promotion to the petitioner after rendering ten years of service to be promoted in Assistant Grade-II consequently this Court does not find any impediment in extending the benefit of judgment and order passed by this Court in the case of Ram Saran (supra) to the petitioner subject to decision of the special appeal pending against the judgment of Ram Saran (supra) .

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Keeping in view the aforesaid discussion, the writ petition is allowed. The order impugned dated 28.07.2025, a copy of which is Annexure No. 1 to the petition, is hereby set aside.

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Respondents are directed to grant the benefit of judgment and order passed by this Court in the case of Ram Saran (supra) to the petitioner also.

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Order of promotion, if any granted to the petitioner in pursuance to this order would be subject to the decision of Special Appeal Defective No. 1114 of 2019 to which learned counsel for the petitioner also agrees.

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August 28, 2025 A. Katiyar

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(Abdul Moin,J.)

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Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Shubham Kumar Srivastava v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Forest Lko. and 3 Others

Case brief

What is this about?

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Shubham Kumar Srivastava v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Forest Lko. and 3 Others

Case brief

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What did the court decide?

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