Allahabad High Court
State Of U.P. Thru Prin. Secy. Home & ... vs Kamalesh Pratap Yadav & Ors. ( S/S ... on 13 July, 2010
Bench: Pradeep Kant, Ritu Raj Awasthi
Court No. - 1 C.M. Application No. 66190 of 2010 In re: Case :- SPECIAL APPEAL DEFECTIVE No. - 494 of 2009 Petitioner :- State Of U.P. Thru Prin. Secy. Home & Others Respondent :- Kamalesh Pratap Yadav & Ors. ( S/S 6408/2007 ) Petitioner Counsel :- Standing Counsel Respondent Counsel :- B.K. Singh Hon'ble Pradeep Kant,J.
Hon'ble Ritu Raj Awasthi,J.
This is an application for disposal of special appeal. With the consent of the parties' counsel, we proceed to dispose of the special appeal finally.
Heard the learned counsel for the parties and perused the record.
Controversy regarding selection of the Constables in U.P.Civil Police has already been concluded by a Division Bench judgement in Special Appeal No. 244 of 2009 and connected case. Identical questions were raised in all the writ petitions which were decided singly and thereafter special appeals preferred against this judgement have been dismissed.
We are informed that since no interim order was passed in the Special Leave Petition preferred in the apex court and when contempt proceedings were initiated, the appellants were required to comply with the directives issued and in pursuance thereof, it is informed by learned counsel, appointment has been given to the petitioners of the present writ petition also.
He further says that provisional appointments have been given subject to any orders which might be passed in the special leave petition.
Since questions involved are identical and similar, and no new ground has been urged so as to persuade us to take a different view as against the view taken by Division Bench, we being in respectful agreement with the order passed by the Division Bench in the aforesaid order, dispose of the special appeal on the same terms and conditions.
We, therefore, direct that the benefit of the order passed in the Special Appeal No. 244 of 2009 State Vs. Pawan Kumar Singh shall be available to the respondents in the present appeal also.
Special appeal is disposed of accordingly.
Order Date :- 13.7.2010 MFA