Bharat vs State Of U.P Its Prin Secy ...
2022 Latest Caselaw 11079 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 6072 of 2006
 

 
Petitioner :- Bharat
 
Respondent :- State Of U.P Its Prin Secy P.W.D.And 4 Ors
 
Counsel for Petitioner :- R.K.Pandey,Mahesh Chandra Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

1. Heard Sri M. C. Shukla, learned counsel for the petitioner and learned Standing counsel for respondent - State.

2. The petitioner, at the very outset, has stated that he is not pressing for appointment on class III post and, as such, his prayer is limited only to the extent that salary of class III post for the period he has worked on higher post as per the directions of the authorities, should be given to him.

3. The petitioner is admittedly working as a regular Mate. In the counter affidavit, it has not been denied that the petitioner has been asked to work on class III post on several occasions. This officiation on higher post does not entitle him for promotion on the said post. Since this prayer has been voluntarily withdrawn by the petitioner orally, the Court feels that this limited prayer can be considered in the light of the circumstances of the case. The petitioner has also annexed the order dated 24.5.2006 of this Court in Writ Petition No.1509 (S/S) of 2006, as contained in Annexure No.1 on page 6 of the rejoinder affidavit. This petition was filed by an employee of the same rank for promotion to the post of clerk and payment of salary for that post in which this Court has granted interim order directing the opposite parties to pay the salary for the clerical post on which he was assigned the post.

4. In support of his contentions, the petitioner has referred to a judgment of Hon'ble Supreme Court in the case of Selvaraj Vs. Lt. Governor of Island, Port Blair and others, (1998) 4 Supreme Court Cases 291, wherein it has been stated that if a person has been working on a higher post, salary of the higher post for the period he has worked on the higher post shall be paid to him.

5. It is, therefore, ordered that the salary of class III post be given to the petitioner for the period he has worked on higher post as per the directions of the authorities. This may be done within a period of six weeks from the date a certified copy of this order is placed before the authority concerned.

6. It is made clear that this Court has not ordered for any direction for promotion on the next higher post.

7. The petition stands finally disposed of.

Order Date :- 23.8.2022

Adarsh K Singh