Allahabad High Court
Ramesh Kumar Yadav vs State Of U.P.Thru.Prin.Secy. ... on 28 June, 2021
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- SERVICE SINGLE No. - 12974 of 2021
Petitioner :- Ramesh Kumar Yadav
Respondent :- State Of U.P.Thru.Prin.Secy. Horticulture & Food Proces.&Ors
Counsel for Petitioner :- Anurag Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.
Petition has been filed seeking following reliefs:-
"i) To issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to pay the dearness & other allowances to the petitioner along with minimum pay scale and grade pay while discharging the duties on the post of Driver belonging to Class-III category in Raj Bhawan Udyan, Lucknow forthwith;
ii) To issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties to dispose of the petitioner's representation as contained in Annexure-16 to the writ petition. ...."
Learned counsel for petitioner submits that petitioner was initially engaged as a Class IV employee in the department of Horticulture and Food Processing but was subsequently directed to discharge the function of the post of Driver. It is submitted that when the petitioner was not granted minimum of scale in parity with other employees of the department, he was compelled to file writ petition No. 163263 (S/S) of 2017 which was allowed by means of judgment and order dated 25th January, 2019 directing the opposite parties to make payment of minimum of the pay scale to the petitioner of the post of Driver. It is submitted that Special Appeal (Defective) No. 338 of 2019 against the said order was also dismissed vide judgment and order dated 18th September, 2019 and Special leave Petition No. 26625/2019 was also rejected by means of order dated 22nd November, 2019 whereafter petitioner has been granted minimum of the pay scale but without granting any dearness allowance and other admissible allowances of the post.
Learned counsel for petitioner submits that in similar circumstances, similarly situated employees of the department have been granted minimum of the pay scale along with dearness and other allowances such as in the case of Neeraj Kumar Srivastava, Yamuna Prasad Gupta, Chhavi Lal Sahu and others. It is submitted that the opposite parties can not be permitted to treat the petitioner differently from other similarly situated employees.
For the aforesaid grievance, the petitioner has already submitted a representation dated 18th November, 2020 sent through speed post. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same.
Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No. 4 i.e. Superintendent, Raj Bhawan Udyan, Horticulture, Lucknow is directed to decide representation dated 18th November, 2020 by reasoned and speaking order considering the cases of Neeraj Kumar Srivastava, Yamuna Prasad Gupta, Chhavi Lal Sahu and others as indicated herein above within a period of six weeks from the date a copy of this order is produced before him. The petitioner shall annex a copy of the aforesaid representation dated 18th November, 2020 along with copy of this order.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 28.6.2021
prabhat
