Allahabad High Court
Brij Kishore Yadav vs State Of U.P.Thr.Prin Secy Samaj ... on 5 August, 2022
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- WRIT - A No. - 4758 of 2008
Petitioner :- Brij Kishore Yadav
Respondent :- State Of U.P.Thr.Prin Secy Samaj Kalyan And 3 Ors.
Counsel for Petitioner :- Ajaay K Singh,S C Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Irshad Ali,J.
1. Heard learned counsel for the petitioner,learned Standing Counsel for the State-Respondents and perused the material available on record.
2. The present writ petition has been filed with the following prayers:-
"(i) To issue a writ order or direction in the nature of certiorari thereby quashing the impugned Government Orders dated 26.10.2004 and 28.06.2008 annexed as Annexure nos.1 and 4 respectively to the present writ petition.
(ii) To issue a writ order or direction in the nature of mandamus thereby commanding the opposite parties to consider the promotion of the petitioner prior to appointment by direct recruitment to the post of English Lecturer on contract basis and promote the petitioner (presently working as L.T. Grade Teacher in Rajkiya Ashram Paddhyati Vidhyalaya, Lakhimpur-Kheri) on the post of Lecturer (English) in the scale of Rs. 6500-200-10500 pending restoration of 50% Departmental Promotion Quota for L.T. Grade Teacher that had been struck down by the issuance of Government Order dated 26.10.2004 and further till the framing of Service Rules of U.P. Tribal Development Department in consonance of Service Rules of Education Department.
(iii) To issue a writ order or direction in the nature of mandamus commanding the opposite parties to carry out the selection after reserving one post of English Lecturer to be appointed in either Rajkiya Ashram Paddhyati Vidhyalaya, Balapur and Vishunpurvishram, District Balrampur or Sirsiya, District Shravasti.
(iv) To issue a writ or direction in the nature of mandamus thereby directing the opposite parties to extend the benefit of Government Order dated 03.09.2001 with regard to fixation of pay from 01.01.1996 and make provision for selection grade and promotional scale to L.T. Grade Teachers of Rajkiya Ashram Paddhyati Vidhyalayas like the facilities that are being given to the L.T. Grade Teacher working in the government educational institutions of the Education Department, U.P."
3. Subsequently, the relief claimed by the petitioner was granted by the State Government by issuing a Government Order on 28.10.2004 from which date, the petitioner has been provided benefit of revised pay scale.
4. Learned counsel for the petitioner submitted that similarly situated employees have been granted the said benefit with effect from 01.01.1996. He relied upon a judgment passed by this Court in the case of Ram Mohan and others Vs. Principal Secretary/ Commissioner,Social Welfare Department and others in Writ-A No.32885 of 2011 decided on 25.05.2016 wherein the controversy in regard to the payment of revised pay scale has been decided that the employees were entitled to get the benefit with effect from 01.01.1996.
5. In view of the above, the present writ petition is disposed of with the same direction and the same terms as has been laid down in the case of Ram Mohan and others (supra).
(Irshad Ali,J.)
Order Date :- 5.8.2022/dk
