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2022 Supreme(All) 765

DEVENDRA KUMAR UPADHYAYA, SUBHASH VIDYARTHI
State Of Uttar Pradesh Thru. Prin. Secy. Minor Irrigation – Appellant
Versus
Raj Kumar Srivastava – Respondent


Advocates Appeared:
For the Respondent: Avinash Kant Tripathi

JUDGMENT :

Order on the Delay Condonation Application

1. Having regard to the facts stated in the affidavit filed in support of the application seeking condonation of delay, the application is allowed and the delay in preferring the special appeal is hereby condoned.

Order on the Appeal

2. Heard Shri Jaideep Narain Mathur, learned Senior Advocate assisted by Shri V.P. Nag, learned State Counsel for the appellant-State authorities and Shri D.N. Shukla, learned counsel for the sole respondent.

3. Under challenge in this intra-court appeal is the judgment and order dated 21-09-2021 passed by the learned Single Judge in Writ Petition No. 604 (S/S) of 2021 whereby the writ petition has been allowed and the appellant-State authorities have been directed to regularize the services of the respondent-petitioner under the provisions of The Uttar Pradesh Regularisation of Persons working on Daily Wages or On Work Charge or On Contract in Government Departments On Group “C” And Group “D” Posts (Outside The Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 (hereinafter referred to as ‘2016 Rules).

4. Further direction issued by the learned Single Judge is that if there no vacancy is

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