Dr.Pankaj Kumar And 8 Others vs State Of U P And 4 Others
2021 Latest Caselaw 772 ALL

Citation : 2021 Latest Caselaw 772 ALL
Judgement Date : 12 January, 2021

Allahabad High Court

Dr.Pankaj Kumar And 8 Others vs State Of U P And 4 Others on 12 January, 2021

Bench: Prakash Padia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - A No. - 160 of 2021
 

 
Petitioner :- Dr.Pankaj Kumar And 8 Others
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Santosh Kumar Shukla,Kulveer Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioners. Learned Standing Counsel accepted notice on behalf of respondent nos.1 to 4.

The petitioners have preferred the present writ petition, inter alia, with the prayer to issue a mandamus directing the respondent authorities to extend the benefit of minimum pay scale as prescribed under 7th Pay Commission Report within the specified period as stipulated by this Hon'ble Court.

It is argued by learned counsel for the petitioners that identical controversy has been decided by Co-ordinate Bench of this Court in Writ-A No.26100 of 2018 (Dr. Gangesh Dixit and 4 others Vs. State of U.P. and 6 others) on 13.02.2019. It is further argued that against the aforesaid judgment, Special Appeal (Defective) No.517 of 2019 was filed by the State of U.P. and another. The aforesaid Special Appeal was also dismissed on 02.12.2020.

It is argued that in view of the same, the petitioners are also entitled for the similar benefit.

In view of the discussions aforesaid, this writ petition succeeds and is allowed. A mandamus is issued to the respondents to extend benefit of minimum of pay scale to teachers engaged on honorarium basis pursuant to Government Order dated 7th April, 1998, and they would also be paid salary in the minimum of pay scale, as specified in the 7th Pay Commission Report for their regular counterparts. The petitioners would be entitled to such benefits from the date the 7th Pay Commission Report has been enforced i.e. 1.1.2016. The petitioners, however, would not be entitled to allowances, which are not sanctioned to them, so far. No order is passed as to costs.

Order Date :- 12.1.2021

Atul