Shitala Prasad Pandey vs State Of U.P. And Others
2015 Latest Caselaw 1014 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 4970 of 2011
 

 
Petitioner :- Shitala Prasad Pandey
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Rishi Kant Rai
 
Counsel for Respondent :- C. S. C.,A.C.Tiwari
 

 
Hon'ble Suneet Kumar,J.

The petitioner confines the writ petition to only prayer No. (c) and (e) which is as follows:-

"c. Issue a writ, order or direction in the nature of mandamus directing the respondents to give the benefit/protection of benefit of last pay drawn by the petitioner in Authority, in pursuance of G.O. dated 02.10.1997 and 10.10.2002.

e. Issue a writ, order or direction in the nature of mandamus directing the respondents to placing the petitioner in pay scale of Rs. 4000-100-6000 accordance with the order dated 26.11.2007."

The contention of learned counsel for the petitioner is that the pay scale of junior clerk  and Munshi are same, therefore, last pay drawn by the petitioner in Ram Ganga Command Area Development Authority upon amalgamation in Ram Ganga Command Project is bound to be protected pursuant to G.O. dated 02.10.1997 and 10.10.2002. It is further contended that the petitioner was granted promotional pay scale in the pay scale of Rs. 4000-100- 6000 by order dated 26.11.2007 w.e.f. 2001, however, the same has been withdrawn without any show cause notice thereby placing the petitioner in  lower pay scale of Rs. 3200-4900.  In the counter affidavit no specific reply has been given to the contention raised by learned counsel for the petitioner.

Be that as it may, without entering into the merits of the claim and the contention of the petitioner, it is provided that the petitioner shall make a representation to the second respondent, Commissioner/Administrator Ram Ganga Command Project, Kanpur Nagar. In the event of the petitioner making such a representation, it is expected that the second respondent shall consider and decide the representation of the petitioner, in accordance with law, by reasoned and  speaking order, expeditiously within a period of three months from the date of filing of certified copy of this order along with a copy of the representation

It is made clear that the second respondent, Commissioner/Administrator Ram Ganga Command Project, Kanpur Nagar shall decide the representation on merits, the other claims made in the writ petition has not been pressed by learned counsel for the petitioner.

With the aforesaid observations/direction, the writ petition is disposed of. 

Order Date :- 6.7.2015

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