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2023 Supreme(All) 806

SAURABH SRIVASTAVA
Madan Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Bhagwati Prasad, Alok Kumar Yadav

JUDGMENT :

1. With the consent of learned counsels for both the parties, these two petitions shall be heard together and disposed of with a common order.

2. Heard Sri Alok Kumar Yadav, learned counsel for the petitioner and Sri Satyendra Kumar Tripathi, learned Standing Counsel for the State-respondent nos.1 to 3.

3. Writ A No.29840 of 2010 has been filed seeking the following relief:-

    “A. Issue a writ, order or direction, in the nature of certiorari, quashing the impugned dismissal order dated 31.03.2010 passed by the Respondent no.3 (Annexure No.21).

B. Issue a writ, order or direction, in the nature of mandamus directing the Respondents No.2 and 3 to allow the petitioner to work as Nalkoop Mistry, Nalkoop Anurakshan Khand, Bhadohi under Nalkoop Mandal of respondent No.2 and Division of respondent No.3.

E. Issue a writ, order or direction in the nature of mandamus declaring Paragraph-Ga of office memorandum dated 09.09.2008 issued by Chief Engineer as ultra-vires to Rule 9-Kha of the Service Rules.”

4. Writ A No.18844 of 2010 has been filed seeking the following relief:-

    a) Issue a writ, order or direction, in the nature of certiorari, quashing the impugned dismissal order dated 25.03.2

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