Ayodhya Prasad Rajpoot vs State Of U.P. And 2 Others
2022 Latest Caselaw 8738 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 11077 of 2022
 

 
Petitioner :- Ayodhya Prasad Rajpoot
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Mahendra Kumar Yadav
 
Counsel for Respondent :- CSC,Vikram Bahadur Singh
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the petitioner, learned State Counsel for respondent no.1 and Mr. Vikram Bahadur Singh, learned counsel for respondent no.2 & 3.

Petition has been filed seeking a direction to respondents to provide one year notional increment with effect from 01.07.2013 to 30.06.2014 and to further re-fix the pension and other consequential benefits admissible to the petitioner by including the aforesaid increment.

Learned counsel for petitioner submits that the petitioner superannuated on 30.06.2014 whereafter by means of the recommendations of the VIth Pay Commission, first July was fixed as the date of increment for all employees.

It is submitted that in similar circumstance, the Madras High Court vide judgment and order dated 15.09.2017 rendered in Writ Petition No.15732 of 2017 (P. Ayyamperumal v. The Registrar, Central Administrative Tribunal and others) has allowed such claim.

It is submitted that the petitioner is also entitled to benefit of the same. For the said grievance, petitioner has already submitted representation but seeks liberty to file a fresh representation. He has also placed reliance upon order dated 8.7.2022 passed in Writ A No. 8899 of 2022 (Ganga Charan Yadav vs. State of U.P. and 2 others).

Learned counsel for petitioner at present restricts his prayer for a direction to consider and decide his representation.

Considering the innocuous prayer, without adverting to merits of the case, liberty is granted to petitioner to make fresh representation to respondent No.2 i.e. District Basic Education Officer, Etawah. In case such a representation is filed, the same is required to be decided expeditiously by a reasoned and speaking order within a period of six weeks from the date a copy of this order along with fresh representation is produced before the said authority.

With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 1.8.2022

S.S.