Allahabad High Court
Kuldeep Narain And 41 Others vs State Of U.P. And 3 Others on 1 July, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- WRIT - A No. - 5267 of 2021
Petitioner :- Kuldeep Narain And 41 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Devendra Vikram Singh,Damodar Singh,Sanjai Kumar Pandey
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Prakash Padia,J.
This Court is presently working on virtual mode only due to surge in Covid-19 cases.
Heard learned counsel for the petitioners. Learned Standing Counsel accepted notice on behalf of respondent nos. 1 and 2 and Sri Sanjeev Kumar Pandey, learned counsel put up his appearance on behalf of respondent nos. 3 and 4.
The petitioners have preferred the present petition inter-alia with the following prayers:-
"(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to implement the provisions of Government orders dated 07.02.2009, 27.02.2009 and 12.11.2009 on the petitioners (the employees of U.P. Jal Nigam) regarding the payment of 6th Pay revision and pension revision as applicable on the other local authorities and respondents may kindly be directed to pay the petitioners' arrears of pay revision and pension revision w.e.f. 01.01.2006 till 11.03.2010 along with interest as per prevailing bank rate expeditiously or within the time stipulated as fixed by this Hon'ble Court keeping in view of judgment dated 27.02.2020 passed by this Hon'ble Court in Single No. 11991 of 2017 Kamlesh Srivastava and 5 Others Vs. State of U.P. and Others and order dated 25.11.2020 passed by Hon'ble Court in Service Single No. 22457 of 2020 Pratap Sahni and others Vs. State of U.P. and others)."
It is admitted between the parties that identical controversy has already been decided by the Lucknow Bench of this Court in Service Single No. 11991 of 2017 (Kamlesh Srivastava and 5 Others vs. State of U.P. and 3 Others) decided on 27.02.2020.
Against the aforesaid judgment, Special Appeal Defective No. 276 of 2020 was filed by the State of U.P., the same was also dismissed vide judgment and order dated 09.11.2020. In view of the same, it is argued by the counsel for the petitioners that the petitioners are entitled for the reliefs as claimed for by them in the present petition.
It is argued by Sri S.K. Pandey that due to lack of funds it has not been possible to the corporation to pay benefits of 6th pay commission to the petitioners. In so far as the judgment cited above, it is not disputed by the parties that identical controversy has already been attained finality by this Court.
In this view of the matter, writ petition, therefore, succeeds and is allowed. A mandamus is issued to the respondents to release the arrears of 6th pay commission report w.e.f. 1.1.2006 till the petitioners remained in service and also to re-determine their pension etc. as per the revised pay scale. A further direction is issued to the respondents to release arrears of pension also and to pay the revised pension, as per their entitlement.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 1.7.2021
Swati
