Allahabad High Court
Shrikant Singh And 7 Others vs State Of U P And 4 Others on 15 July, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- WRIT - A No. - 7478 of 2021
Petitioner :- Shrikant Singh And 7 Others
Respondent :- State Of U P And 4 Others
Counsel for Petitioner :- Sadhu Sharan
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Pankaj Bhatia,J.
Petitioners, who are 8 in number, are retired employees of U.P. Jal Nigam or their widow, who are claiming benefit of 6th pay commission report, which has been introduced in the respondent Corporation w.e.f. 1.1.2006. It is contended that on account of denial of benefits of 6th pay commission report huge amount remains withheld, although petitioners' entitlement is not in issue and their pension etc. has also not been correctly fixed. Attention of the Court has been invited to a judgment of 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 27.2.2020. A Special Appeal Defective No. 276 of 2020 filed against such order has also been rejected on 9.11.2020.
While entertaining the writ petition, following orders were passed on 5.2.2021:-
"Controversy raised in the present matter has already been answered by a Division Bench of this Court in Special Appeal Defective No. 276 of 2020 while affirming the judgment of learned Single Judge, dated 27.2.2020 in writ petition Service Single No. 11991 of 2017.
Sri S.K. Pandey, learned counsel for the respondent may obtain instructions in the matter.
Put up on 19.2.2021 as fresh, showing the name of Sri Sanjeev Kumar Pandey as counsel for the respondent."
Sri S.K. Pandey, appearing for the Corporation submits that on account of lack of funds it has not been possible for the Corporation to pay monetary benefits to the petitioners.
It is not in issue that the benefit of 6th pay commission report has been implemented for the employees of U.P. Jal Nigam w.e.f. 1.1.2006. Once that be the admitted situation, it would not be open for the Corporation to selectively restrict benefit of such higher pay scale to some and to deny it to the others.
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 :- 15.7.2021
vinay
