Allahabad High Court
Badri Narayan Singh vs State Of U.P. And 5 Others on 19 December, 2022
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 45096 of 2015
Petitioner :- Badri Narayan Singh
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Bhriguji Singh,Gyanendra Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
Heard Sri Arvind Kumar Srivastava, learned counsel for the petitioner and Sri Rakesh Kumar Misra, learned Standing Counsel for the respondent.
Pleading between the parties have been exchanged and with their consent, the present petition is being decided finally at the admission stage itself.
In one of the matters being Writ-A No. 23969 of 2015 (Mangla Prasad Srivastava Vs. State of U.P. and three others) the order dated 16.2.2018, relevant paragraphs whereof are quoted as under:-
The matter relates to grant of second promotional pay scale of Tehsilder as 8000-13500. A copy of the order dated 10.1.2018 passed in Contempt No. 1924 of 2015 (Jai Narain Yadav and others vs. Suresh Chandra, Prin. Secy. Revenue, U.P. Civil Lko and others) was also produced, wherein next date fixed is 19.2.2018.
Learned counsel for the petitioner submitted that now the controversy is covered by the judgment passed in Service Single No. 2671 of 2015 (Shiv Charan Singh and others vs. State of U.P. and others) decided on 21.5.2015 and Service Single No. 4218 of 2015 (Ram Autar Kanaujia vs. State of U.P. and others) decided on 27.7.2015. The aforesaid judgments are based on the decision passed in Special Appeal No. 83 of 2001 (State of U.P. and others vs. Kanhaiya and others) against which SLP was dismissed by the Hon'ble Apex Court vide order dated 10.4.2015.
The Contempt No. 1924 of 2015 (Jai Narain Yadav & Ors. Vs. Principal Secretary Revenue and others) was taken up by Hon'ble Lucknow Bench of this Court on 19.2.2018 wherein the following order was passed:-
"Short counter-affidavit filed by the Principal Secretary Revenue today is taken on record. He also appeared in person before this Court.
It has been stated by the learned Standing Counsel that compliance of the order is under process and the matter has now been referred to the Finance and Law Department for approval and as soon as the approval is received, the second promotional pay scale shall be paid to the petitioners.
The learned Standing Counsel prays for and is allowed four weeks' further time but no more for compliance of the order passed by this Court. The Principal Secretary Revenue may take up the matter to the Principal Secretary Law and the Principal Secretary Finance so that the matter may be expedited and the order of the writ court is complied with.
List this Bunch of contempt petition on 22.03.2018. In case the order is not complied with, till then the Principal Secretary Revenue shall again appear in person before this Court.
List on 22.03.2018"
Learned Standing Counsel does not dispute the fact that the controversy in the present writ petition is covered by order dated 16.2.2018 passed by this Court in Writ-A No. 23969 of 2015 and order dated 19.2.2018 passed by this Court Contempt No. 1924 of 2015.
In view of the above noted orders this Court is of the opinion that the matter is fully covered by the above noted judgments and orders and the State Government has accepted the claim of the petitioners regarding payment of Second Promotional pay scale in the matters pending before the Hon'ble Lucknow Bench of the Court and the compliance order is also under process.
In such view of the matter the impugned order dated 29.12.2014 passed by District Magistrate, Ballia is not sustainable in the eye of law and present petition stands dispose off in the light of above noted judgments.
Order Date :- 19.12.2022
Bhaskar
