State of U.P. Thru. Addl. Chief Secy. Deptt. of State Tax , Lko. and Another v. Yogesh Kumar and 2 Others

Court No. - 3 Case :- WRIT - A No. - 8895 of 2023 Petitioner :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of State Tax , Lko. And Another Respondent :- Yogesh Kumar And 2 Others Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Shailendra Kumar Singh,Manish Mishra Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard Shri V.P. Nag, leanred Additional Chief Standing Counsel for the State-petitioner, Shri Shailendra Kumar Singh, learned Counsel for respondent no.1 and Shri Varun Pratap Singh holding brief of Shri Manish Mishra, learned Counsel for respondent no.3.

¶2Learned Counsel for the petitioner and learned Counsel for respondent no.1, in whose favour the Tribunal has passed the order, admit that in the operative portion of the impugned order dated 05.04.2023 it is held that the petitioner shall be entitled to counting his previous services rendered in UPSRTC w.e.f

26.05.1995 to 17.06.2003 and other service benefits arising out of counting of previous services, except seniority is wrongly noted and as per the Government Order dated 12.06.1998 (wrongly noted as

12.08.1998 in the impugned order) the respondent no.1 is only entitled for benefit of the protection of the pay scale.

¶3The impugned order is modified to the aforesaid extent only.

¶4The writ petition is allowed with the aforesaid modification only and the operative portion shall be read as modified above. (Om Prakash Shukla, J.) (Vivek Chaudhary, J.) Order Date :- 17.11.2023 Anand Sri./- High Court of Judicature at Allahabad, Lucknow Bench