Avadh Behari Misra S/O Late Lal ... vs State Of U P ...
2011 Latest Caselaw 1491 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- SERVICE BENCH No. - 847 of 2010
 
Petitioner :- Avadh Behari Misra S/O Late Lal Behari Misra (At : 10:15 Am)
 
Respondent :- State Of U P Thr.Prin.Secy.Finance,Govt.Of U P Civil Sectt.
 
Petitioner Counsel :- Manish Mathur
 
Respondent Counsel :- C.S.C,I P Singh
 
Hon'ble Devi Prasad Singh,J.

Hon'ble S.C. Chaurasia,J.

Heard Shri Manish Mathur and Shri Gyan Singh, learned counsel for the petitioners and Shri I.P. Singh, learned counsel for the U.P. Jal Nigam.

By means of present writ petition, the petitioners have prayed for a direction to the opposite parties for fresh calculation of revised pension/family pension  and for payment of revised pension/family pension as per the fresh calculation in terms of Government Order dated 8.12.2008.

The State Government has issued Circular dated 8.12.2008 providing therein that the employees of U.P. Jal Nigam shall be entitled for the benefit of 6th Pay Commission from 1.1.2006 but the same was denied by the respondents.

The Managing Director as well as learned counsel for the U.P. Jal Nigam submit that necessary direction by the Government is binding on the Jal Nigam.  According to the Managing Director, the employees of U.P. Jal Nigam, who were earlier the employees of erstwhile L.S.G.E.D. shall  be given the benefit of 6th  pay commission from 1st January, 2006 and the decision shall be taken very soon in consultation with the State Government.  It has further been submitted by the Managing Director that the pension has already been paid to the petitioners and only the benefit of 6th pay commission has not been extended that too shall be extended at an early date.  So far the employees of U.P. Jal Nigam who were not the part and parcel of erstwhile L.S.G.E.D. are concerned, they shall be given the benefit of 6th pay commission with effect from 12.3.2010 in terms of decision of the State Cabinet.

Keeping in view the statement given by the Managing Director, U.P. Jal Nigam, the writ petition is disposed of with the direction to the State Government as well as U.P. Jal Nigam to take a decision for extension of benefit of 6th pay commission in terms of Government order, expeditiously say within a period of two months from today.  The decision so taken shall be communicated to the petitioners.  

The Principal Secretary, Urban Development, U.P. Lucknow as well as Managing Director, U.P. Jal Nigam shall hold a meeting within one month for this purpose so that the decision may be taken within the aforesaid period.  It shall be open for the petitioners to make representation for their grievance, if any, which shall be looked into by the opposite parties.

Subject to above, the writ petition stands disposed of.

Order Date :- 4.5.2011

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