Allahabad High Court
Dhirendra Kumar vs State Of U.P. Thru Secy.Minor ... on 25 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 11645 of 2019
Petitioner :- Dhirendra Kumar
Respondent :- State Of U.P. Thru Secy.Minor Irrigation Lucknow And Ors.
Counsel for Petitioner :- Ramesh Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Ramesh Kumar Srivastava, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has submitted that despite providing the benefit of pay scale of VIth & VIIth Pay Commission, the petitioner is not being paid the said benefit with effect from the date when the same was due.
Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.1 to the writ petition, which is an office order dated 23.01.2019 issued by the Chief Engineer, Minor Irrigation Department, Lucknow whereby the petitioner has been directed to be paid his appropriate dues but restraining the same saying 'with immediate effect'.
Learned counsel for the petitioner has submitted that since the petitioner was legally entitled for the benefit of pay scale of VIth & VIIth Pay Commission and those benefits have not been paid to him but the restriction that those benefits would be paid to the petitioner 'with immediate effect', is per se illegal inasmuch as it is settled law that the person/ employee would be given the benefit from the date when it falls due. It may be the circumstances that appropriate benefit has not been given to an employee at the time when it was due and may be after intervention of Hon'ble Courts or Superior Authority the same is made available after sometime but it should have been paid from the date it falls due.
On the basis of the aforesaid submission, learned counsel for the petitioner has prayed that as an interim measure the opposite parties may be directed to make payment of arrears of revised salary of VIIth Pay Commission with effect from 01.01.2016 on the basis of Government Order dated 20.12.2016.
It is needless to say that if the aforesaid benefit is due for the petitioner with effect from 01.01.2016, the same could have been paid by the Competent Authority suo-motu and if the aforesaid amount is not paid with effect from the date when it was due, then after an application of an employee/ petitioner hereto the same should have been paid.
Learned counsel for the petitioner therefore has drawn attention of this court towards Annexure No.7 to the writ petition, which is a representation dated 04.07.2017 preferred by the petitioner to the Chief Engineer, Minor Irrigation Department, Lucknow, whereby the petitioner has apprised the necessary facts of his issue making categoric request that he be paid the salary of VIIth Pay Commission but as per learned counsel for the petitioner no decision has been taken on the said representation.
Be that as it may, if the petitioner is entitled for arrears of revised salary of VIIth Pay Commission with effect from 01.01.2016 and he has preferred the representation to that effect, as aforesaid, the Competent Authority must have taken the appropriate decision and the petitioner should have been paid the aforesaid dues.
The matter requires consideration.
Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.
List this petition in the week commencing 01.07.2019.
In the meantime, the Competent Authority i.e. the Chief Engineer, Minor Irrigation Department, Lucknow shall take appropriate decision in respect of making payment of revised salary of VIIth Pay Commission with effect from 01.01.2016 on the basis of the Government Order dated 20.12.2016 and the decision to that effect shall be enclosed with the counter affidavit.
Order Date :- 25.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
