Allahabad High Court
RAJPATI YADAVversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court set aside the impugned order and remanded the matter for issuance of a fresh order in accordance with the directions in Vinod Kumar Srivastava and the relevant Government Order.
Summary
Petitioner Rajpati Yadav filed a writ petition challenging an order dated 16‑06‑2022. The petitioner relied on a prior decision of a coordinate bench in Tej Pal Singh v. State of U.P. & Ors (2024) which had been allowed with a direction to issue a fresh regularisation order in accordance with the judgment in Vinod Kumar Srivastava v. State of U.P. & Ors (Writ‑A No.21492 of 2023). The petitioner argued that, because the facts were similar, the same direction should apply to his case. The respondent’s counsel could not refute these submissions. The Court, after noting the earlier judgments, set aside the impugned order and remanded the matter to the respondents to pass a fresh order as directed in Vinod Kumar Srivastava and the Government Order dated 04‑10‑2024. Consequently, the writ petition was disposed.
Issues considered
- Whether the impugned order dated 16‑06‑2022 should be set aside in view of the precedent set by Tej Pal Singh v. State of U.P. & Ors.
- Whether the respondents are required to pass a fresh regularisation order as per the directions in Vinod Kumar Srivastava v. State of U.P. & Ors and the Government Order dated 04‑10‑2024.
Subjects
- regularisation
- fresh order
- writ petition
- set aside
- remand
- precedent
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 11391 of 2022
Rajpati Yadav
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajnish Kumar Srivastava, Ram
Shankar Yadav, Siddharth Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri R.K. Srivastava, learned counsel for the petitioner and Sri Manvendra
Dixit, learned Standing Counsel.
2. Learned counsel for the petitioner refers a judgment passed by a co-ordinate Bench
of this Court in Tej Pal Singh Vs.State of U.P. & Ors, 2024:AHC:197402 which
was allowed with a direction to pass a fresh order for regularization in terms of
judgment passed in Vinod Kumar Srivastava Vs. State of U.P. & Ors, (Writ-A
No.21492 of 2023) dated 30.9.2024.
3. Learned counsel for the petitioner submits that same order may be passed in the
present cases, since the facts are similar.
4. Learned Additional Chief Standing Counsel has not been able to dispute the above
submissions.
5. Considering the above submissions, and taking note of judgment passed in Tej Pal
Singh (supra), impugned order dated 16.06.2022 is set-aside and matter is remanded to
the concerned respondent to pass a fresh order in terms of direction passed by this
Court in Vinod Kumar Srivastava (supra) as well as Government Order dated
4.10.2024.
6. With aforesaid direction, writ petition is disposed of.
(Saurabh Shyam Shamshery,J.)
May 12, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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