JUDGMENT :

Yogendra Kumar Srivastava, J.

1. The present intra court appeal seeks to challenge the judgment and order dated 18.07.2019 passed by a learned Single Judge in WritA No. 10674 of 2019 (Dr. Raj Kamal Singh Vs. State of U.P. and 2 others), whereby the writ petition has been allowed and the order dated 05.04.2019 passed by the State Government which was impugned therein has been quashed.

2. The authorities of the State Government who were the respondents in the writ petition are the appellants before us.

3. Learned Additional Advocate General appearing for the appellants has submitted that the learned Single Judge has erroneously proceeded on a presumption that the writ petitioner had been appointed by the State Government on 26.08.2015 i.e. prior to 24.09.2015 when the relevant government order was issued clarifying that the benefit of an earlier government order dated 12.06.1998 with regard to pay protection would not be available to a government servant appointed by open recruitment.

4. It is submitted that the writ petitioner in fact submitted his joining pursuant to a subsequent appointment order dated 20.09.2016, which is after issuance of the government order dated 24.09.2