Shiv Kishore Dixit vs State Of ...
2021 Latest Caselaw 10097 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- SERVICE SINGLE No. - 2124 of 2021
 

 
Petitioner :- Shiv Kishore Dixit
 
Respondent :- State Of U.P.Thru.Prin.Secy./Addl.Chief Secy. Revenue & Ors.
 
Counsel for Petitioner :- Pramendra Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

1. Heard Sri Pramendra Kumar Singh, learned counsel for petitioner and learned ACSC for State-respondents.

2. Grievance of the petitioner is that he was initially appointed on the post of Collection Amin. On completion of satisfactory service, he was given first promotional pay-scale of Naib Tehsildar and thereafter was provided second promotional pay-scale of Tehsildar but arrears of the same is not provided to him.

3. Submission of learned counsel for petitioner is that on completion of 24 years of satisfactory service in the department, petitioner was entitled for certain benefits like arrears of second promotional pay-scale and A.C.P. including increment etc.

4. He further submitted that Special Appeal No.83 of 2001 (State Vs. Kanhaiya Lal and others) was pending consideration before this Court. His further submission is that at subsequent point of time, the special appeal No.83 of 2001 was dismissed vide judgment and order dated 29.08.2014 against which Special Leave to Appeal (C) No.5908/2015 was filed before the Hon'ble Supreme Court which has also been dismissed vide judgment and order dated 10.04.2015.

5. In the light of said, his submission is that now the ground of impugned order dated 07.11.2014 on which basis, the impugned order has been passed, is not available to the respondents, therefore, the petitioner is entitled for the grant of claim of arrears of second promotional pay-scale, A.C.P. and other benefits admissible to the post.

6. Further submission of learned counsel for petitioner is that although the petitioner has been provided second promotional pay-scale of Tehsildar but arrears of the same has not been released in his favour.

7. Learned counsel appearing for respondents does not dispute that the special appeal No. 83 of 2001 has been dismissed and against the said judgment Special Leave to Appeal (C) No.5908/2015 was filed which has also been dismissed vide judgment and order dated 10.04.2015.

8. In view of the above, the reasons assigned in the impugned order dated 20/18.5.2020 and letter dated 13.01.2020 are not sustainable in law and are liable to be set aside.

9. Accordingly, the impugned order dated 20/18.5.2020 and letter dated 13.01.2020 are hereby set aside.

10. The respondents are directed to ensure payment of arrears of the second promotional pay-scale of Tehsildar and A.C.P. as well as other consequential benefits for which the petitioners are entitled.

11. The said exercise shall be completed within a period of two months from the date of production of a certified copy of this order.

12. With the aforesaid directions and observations, the writ petition succeeds and is allowed.

Order Date :- 11.8.2021

Adarsh K Singh