Saliha Haidri Begum vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1119 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 2049 of 2022
 

 
Petitioner :- Saliha Haidri Begum
 
Respondent :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Deptt. Of Revenue Lko. And 4 Others
 
Counsel for Petitioner :- Pramendra Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

1. Heard Sri Pramendra Kumar Singh, learned counsel for petitioner and learned Standing Counsel for State-respondents.

2. Grievance of the petitioner is that the husband of the petitioner was initially appointed on the post of Collection Amin on 1.1.1976 and he had completed 24 years of service on 1.1.2000. After attaining the age of superannuation, he retired from service on 31.3.2013. On completion of satisfactory service, he was given first promotional pay-scale of Naib Tehsildar and thereafter was provided second promotional pay-scale of Tehsildar but arrears of the same is not provided to him.

3. Submission of learned counsel for petitioner is that on completion of 24 years of satisfactory service in the department, husband of the petitioner was entitled for certain benefits like arrears of second promotional pay-scale and A.C.P. including increment etc.

4. He further submitted that Special Appeal No.83 of 2001 (State Vs. Kanhaiya Lal and others) was pending consideration before this Court. His further submission is that at subsequent point of time, the Special Appeal No.83 of 2001 was dismissed vide judgment and order dated 29.08.2014 against which Special Leave to Appeal (C) No.5908/2015 was filed before the Hon'ble Supreme Court which has also been dismissed vide judgment and order dated 10.04.2015.

5. In the light of said, his submission is that the petitioner is entitled for the grant of claim of arrears of second promotional pay-scale, A.C.P. and other benefits admissible to the post, her husband was holding in the department.

6. Further submission of learned counsel for petitioner is that although the petitioner's husband has been provided second promotional pay-scale of Tehsildar but arrears of the same has not been released in her favour.

7. Learned counsel appearing for respondents does not dispute that the Special Appeal No. 83 of 2001 has been dismissed and against the said judgment Special Leave to Appeal (C) No.5908/2015 was filed which has also been dismissed vide judgment and order dated 10.04.2015.

8. Accordingly, the respondents are directed to ensure payment of arrears of the second promotional pay-scale of Tehsildar and A.C.P. as well as other consequential benefits for which the petitioner was entitled.

9. The said exercise shall be completed within a period of two months from the date of production of a certified copy of this order.

10. With the aforesaid directions and observations, the writ petition succeeds and is allowed.

Order Date :- 11.4.2022

Gautam