Allahabad High Court
Ram Nath Yadav S/O Haridwar Yadav vs State Of U.P. Through Prin. Secy. Mahila ... on 18 August, 2021
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- SERVICE SINGLE No. - 8197 of 2011 Petitioner :- Ram Nath Yadav S/O Haridwar Yadav Respondent :- State Of U.P. Through Prin. Secy. Mahila Evam Bal Vikas Vibh Counsel for Petitioner :- S.K.Verma Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
Heard learned counsel for petitioner and learned Standing Counsel for respondents.
There is consensus in the bar that the matter in issue is squarely covered by the judgement dated 21.11.2019 of this Court passed in Writ Petition No. 8409 (Service Single) of 2011 in re: Ram Adhar Yadav vs State of U.P. & others, a copy of which is annexure 1 to the application for disposal of writ petition dated 04.12.2019 with a slight difference.
Learned counsel for petitioner contends that the said judgement has attained finality as no Special Appeal has been filed against the same. However, learned Standing Counsel submits that in paragraph 5 of the judgement of Ram Adhar Yadav (Supra) it has been contended that the respondents have admitted in the counter affidavit that the petitioner was senior to Shri Deena Nath Swarnakar and Shri Virendra Pratap Pandey while in the instant case there is no such admission in the counter affidavit.
The same is controverted by learned counsel for petitioner contending that in the seniority list dated 06.02.2001, a copy of which is annexure 3 to the writ petition, the name of the petitioner finds place at serial no. 136 and that of Shri Deena Nath Swarnakar at Serial No. 144 and Shri Virendra Pratap Pandey at 215 and thus even if the respondents have not admitted in the counter affidavit yet the seniority list would indicate the petitioner as senior.
Considering the aforesaid this Court does not find any reason to not follow the judgement of this Court in the case of Ram Adhar Yadav (Supra).
Considering the aforesaid this petition is disposed of with the direction that the petitioner in this petition shall also be entitled for the benefit of judgement of this Court in the case of Ram Adhar Yadav(supra).
Order Date :- 18.8.2021 J.K. Dinkar