Citation : 2022 Latest Caselaw 21784 ALL
Judgement Date : 19 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 20779 of 2022 Petitioner :- Paras Nath Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhiranjan Singh Patel,Suryaprakash Sharma Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
Heard the counsel for the petitioner and the learned Standing Counsel.
The present petition has been file challenging the order dated 11.07.2022 whereby the petitioner has been denied the benefit of IInd Promotional Pay Scale solely on the ground that the petitioner had completed 24 years of service after 16.08.2003.
The counsel for the petitioner argues that the said issue has already been decided by this Court on various occasions. He places reliance on the judgment passed by this Court in the case of Dinesh Kumar Shukla vs. State of U.P. in Writ-A No.14428 of 2021 decided on 18.11.2021. It is argued that the order impugned is contrary to the law laid down by this court in the case of Dinesh Kumar Shukla (supra). It is also stated that the petitioner has submitted a representation against the said order denying the benefit which is pending consideration before the respondent no.2.
Considering the fact that the issue has already decided this Court, the present petition is disposed off giving liberty to the petitioner to file a fresh representation before the respondent no.2 who shall revisit the issue and to pass a fresh order considering the law laid down by this Court in the case of Dinesh Kumar Shukla (supra). The fresh order, as directed above, shall decide the rights of the petitioner and the present order dated 11.07.2022 shall abide to the fresh order passed that may be passed. The respondent no.2 shall passed the said order within a period of three months.
Order Date :- 19.12.2022
VNP/-
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