Virendra Bahadur Katheria And ... vs State Of U.P. And Another
2011 Latest Caselaw 3653 ALL

Citation : 2011 Latest Caselaw 3653 ALL
Judgement Date : 9 August, 2011

Allahabad High Court

Virendra Bahadur Katheria And ... vs State Of U.P. And Another on 9 August, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 44334 of 2011
 

 
Petitioner :- Virendra Bahadur Katheria And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- K.Shahi
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioners were Sub Deputy Inspector of Schools/Assistant Basic Shiksha Adhikaries in the Education Department of U.P. Government. They claimed higher pay-scale and for such claim they filed Civil Misc. Writ Petition No. 675 of 2002. The writ petition has been allowed vide order dated 6.5.2002 with the direction to the respondent to grant the pay scale as prayed for in the petition. A further mandamus has been issued to the respondents to consider grant to the petitioners of higher pay scales than that of Head Master of Junior High Schools, since they were enjoying higher pay scale before 20.7.2001. Against the said order, the State Government filed Special Leave Petition, which has been converted into appeal being Appeal No. 8869 of 2003 and others appeals have also been connected along with the appeal. The appeals have been dismissed vide order dated 8.12.2010.

It appears that the appeal has been dismissed on the ground that the Government has taken the decision to pay the imaginary pay scale of Rs.7500-12000/- from 1.1.2006 for the post of Block Education Officer, the real benefit be given from 1.12.2008. The Government has now issued a Government Order dated 14.7.2011 wherein the pay scale of Rs.7500-12000/- has been given w.e.f. 1.1.2006 on notional basis and the actual benefit from 1.12.2008. The petitioners are aggrieved by the aforesaid cut off date. Hence this writ petition.

The contention of the petitioners is that the mandamus issued by this Court in the writ petition has not been set aside by the Apex Court in appeal therefore, the mandamus issued by this Court has to be given effect and the grant of notional pay scale from 1.1.2006 and effective benefit from 1.12.2008 is wholly unjustified.

The submission of the learned counsel for the petitioners requires consideration.

Let the learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List in the week commencing 19.9.2011.

Order Date :- 9.8.2011