Uttam Kumar vs State Of U.P. Through Prin.Secy. ...
2021 Latest Caselaw 5246 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- SERVICE SINGLE No. - 10408 of 2021
 

 
Petitioner :- Uttam Kumar
 
Respondent :- State Of U.P. Through Prin.Secy. Horticulture & Ors.
 
Counsel for Petitioner :- Dr. Deepti Tripathi,Randheer Singh Malik
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar,J.

Heard learned counsel for the parties.

The petitioner herein is being paid the minimum of the pay-scale but without dearness allowance. Even for the last six months, minimum of the pay-scale has not been paid to the petitioner.

The petitioner relies upon a Division Bench judgment rendered in the case of Ram Kishore and others Vs. State of U.P. and others reported in 2013 (31) LCD 992. Learned counsel for the petitioner also states that others similar circumstanced are being paid minimum of pay-scale along with dearness allowance but in his case an exception has been made out which is not justified.

While other allowances may not be payable but the dearness allowance would be payable in respect of the minimum of the pay-scale being granted.

In these circumstances, the writ petition is disposed of with a direction to the opposite party no. 4 i.e District Horticulture Officer, Sector- G, Aliganj, Lucknow to look into the matter and decide the representation of the petitioner in accordance with law within a period of six weeks from the date a certified copy of this order is submitted before him and communicate the decision to the petitioner accordingly.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 12.5.2021

AKS