KISHAN KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner has approached this Court by filing the present writ petition with the following main prayers:- "Issue a writ, order or direction in the nature of mandamus thereby directing/commanding the opposite parties to count the entire length of services of the petitioners since the date of their initial appointment for the purposes of all service benefits with the arrears of their salary including consequential benefits after counting the same. Issue a writ, order or direction in the nature of mandamus thereby commanding/directing the opposite parties to comply with the judgment and orders of their Lordships of the Hon'ble Supreme Court in Habib Khan Versus State of Uttrakhand-Civil Appeal No. (S) 10806/2017 and Rame Deo Tiwari versus State of UP and others-Civil Appeal No. 2896 of 2018. That this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate to set aside the Regulation 370 of the Civil Service Regulation (CSR) on account of being ultra vires."

(3.) Learned counsel for the petitioner submits that in an identical case, a Division Bench of this Court has passed an order on 12.09.2019, which reads as under : "Heard Shri Rakesh Kumar, learned counsel for the petitioners and Shri Manish Mishra learned Standing Counsel for the respondents-State.