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2024 Supreme(SC) 131

B. R. GAVAI, PRASHANT KUMAR MISHRA
Chatrapal – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ansar Ahmad Chaudhary, AOR
For the Respondent(s): Mr. Tanmaya Agarwal, AOR Mr. Wrick Chatterjee, Adv. Mrs. Aditi Agarwal, Adv. Mr. Vinayak Mohan, Adv.

JUDGMENT :

PRASHANT KUMAR MISHRA, J.

1. Leave granted.

2. The present appeal, by special leave, is directed against the judgment and order dated 08.01.2019 passed by the High Court of Judicature at Allahabad in Writ Petition (C) No. 297 of 2008, whereby the High Court has dismissed the petition of the appellant being devoid of merit.

3. The facts, briefly stated, are that the appellant was appointed on permanent basis on the post of Ardly (a class IV Post) in the Bareilly Judgeship. The appellant was transferred and posted as Process Server in the Nazarat of outlying court of Baheri, District Bareilly on 24.08.2001. In compliance of the transfer order, the appellant joined the Nazarat Branch in Baheri, District Bareilly as Process Server on 31.08.2001 but he was being paid the remuneration of Ardly.

3.1 Being aggrieved, the appellant made a representation on 20.01.2003 to the District Judge to pay the salary due to the post of Process Server. The said representation was duly considered by the competent authority and a report from the Munsarim in the office of Civil Judge, Baheri, Bareilly was called for. As per the report of Munsarim dated 27.02.2003, the appellant joined the post of Pr

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