Allahabad High Court
Irfan Ahmad Khan & Ors. vs State Of U.P.Thru.Prin.Secy. ... on 15 March, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- SERVICE SINGLE No. - 6580 of 2021
Petitioner :- Irfan Ahmad Khan & Ors.
Respondent :- State Of U.P.Thru.Prin.Secy. Urban Devlp. & Ors.
Counsel for Petitioner :- Savita Jain
Counsel for Respondent :- C.S.C.,Rishabh Kapoor
Hon'ble Irshad Ali,J.
Heard Smt. Savita Jain, learned counsel for the petitioners, learned State Counsel for the respondent nos. 1 to 3 and Shri Rishabh Kapoor, learned counsel appearing for the respondent nos.4 and 5.
The petition has been filed seeking following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to provide actual benefit of revised pay scale to the petitioner as per recommendation of 6th pay commission w.e.f. 01.01.2006.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to make payment of arrears of salary/pensionary benefits to the petitioner w.e.f. 01.01.2006 along with interest as per prevailing market rate."
Learned counsel for the petitioners has submitted that the identical controversy has been decided by this court in bunch of writ petition vide its judgement and order dated 27.02.2020 and quashed the impugned orders which are impugned in the present writ petition and directed to pay the benefit of 6th Pay Commission w.e.f. 01.01.2006 as is being provided to the State Government employees. The respondents are also directed to pay the interest of 6 % from the date, they became due till the date same are paid to the petitioner.
It is further submitted that against the judgement dated 27.02.2000 passed in bunch of the writ petition, leading one is Writ Petition 11991 S/S of 2017 (Kamesh Srivastava & 5 Ors Vs. The State of U.P.), Special Appeal Defective No.276 of 2020 was preferred by the State Government of U.P., which has also been dismissed by this Court vide judgment and order dated 9.11.2020, copy of the judgment and order is taken on record.
Learned counsel for the respondents is not in a position to dispute that the case of the petitioners is identical to the case of the petitioners of Writ Petition No.11991 of 2017 and squarely covered by the Judgment dated 27.02.2020. Learned counsel appearing on behalf of opposite parties has further submitted that Jal Nigam is facing financial crunch and would therefore not be in a position to bear the burden financially.
After hearing learned counsel for the parties, it is found that the case of the petitioners is squarely covered by order and judgment dated 27.02.2020 passed in Writ Petition 11991 (S/S) of 2017 (Kamlesh Srivastava and 5 others vs. State of U.P. & Others)., therefore, the petitioners are also entitled for the benefits as directed in the aforesaid judgement passed by this Court.
Mr. Rishabh Kapoor learned counsel appearing on behalf of Jal Nigam submits that as per the U.P. Water Supply and Sewerage Act, 1975 provides for proportionate contribution of the State Government with regard to payment of pension of persons such as the petitioners who were earlier employees of the State Government in the local self government engineering department and have been transferred and subsequently abosrbed in the Jal Nigam in terms of Section 37 of the Act. As such it is submitted that the State Government also is required to comply with the directions of this Court. Needless to say that the provision with regard to State contribution having already been indicated in the statute, obviously State Government would be bound by it.
With this observation, the writ petition is disposed of.
Order Date :- 15.3.2021
Gautam
