Allahabad High Court
Raj Kumar Shukla vs State Of U.P. And 4 Others on 27 July, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 4373 of 2022
Petitioner :- Raj Kumar Shukla
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Akhil Tripathi,Prabhakar Awasthi,Rahul Asthana
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Order on Delay Condonation Application No. 2 of 2022
Delay in filing modification/ clarification application has been explained satisfactorily. It is hereby condoned and the application is accordingly allowed.
Order on Modification/ Clarification Application No. 3 of 2022
1. This is an application seeking modification of this Court's order dated 07.05.2022, which is reproduced as under:
"1. This writ petition is filed seeking following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 and directing him to grant/ pay equal salary to the petitioner from his juniors, namely, (1) Sri Raj Kumar Srivastava, Review Officer, working in the office of Advocate General, U.P., High Court, Allahabad, respondent no. 3, (2) Sri Satish Kumar Yadav, (3) Sri Subhash Chandra Tripathi, (4) Sri Rahul Singh, (5) Sri Ram Ji Patel and (6) Sri Shailendra Kumar all are working as Review Officers, in the office of Government Advocate, High Court, Lucknow Bench, Lucknow since 01.07.2016 in view of the Government Orders dated 5.11.2014 and 22.12.2016 (Annexure Nos. 6 and 10 to the writ petition).
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 and directing him to make payment of arrears of the difference of salary to the petitioner since 1.7.2016 to uptill now with interest at the rate of 18% per annum as his juniors have already been paid."
2. Sri Pradeep Kumar Tripathi, learned Standing Counsel appearing for State-Respondents, on the basis of written instruction, submits that a positive report has been sent to the office of Advocate General, High Court, Allahabad from the office of Government Advocate, High Court, Allahabad vide letter dated 30.04.2022 and it is expected that office of Advocate General will pass reasoned order considering the report preferably within a period of six weeks from today.
3. Learned counsel for petitioner has no objection if the writ petition is disposed of on the basis of fair statement made by learned Standing Counsel.
4. In view of above, without entering into the merit of the case, the writ petition is disposed of and it is expected that the office of Advocate General, High Court, Allahabad shall pass a reasoned order on the basis of report, referred above, preferably within a period of six weeks from today."
2. Sri Manish Goel, learned Additional Advocate General assisted by Sri P.K. Tripathi, Standing Counsel, has relied on paras 5 and 6 of the affidavit of accompanying application, which are mentioned hereinafter:
"5. That the deponent argued before the Hon'ble Court that since in terms of the Government Order dated 26.06.2019 and 13.04.2020, relaxation could not have been granted in as much as time provided has expired as such the report send to the office of Hon'ble Advocate General Uttar Pradesh from office of Government Advocate will have no bearing, under these circumstances the concession of the deponent in paragraph 2 of the judgment and order dated 07.05.2022 may be recalled and the submission made by the deponent on the said date may be noticed by the Hon'ble court by way of necessary modification in paragraph 2 of the judgment and order dated 07.05.2022.
6. That accordingly paragraph 4 of the aforesaid judgment and order dated 07.05.2022 that contains the operative part to the effect that office of Advocate General Uttar Pradesh shall pass reasoned order on the basis of the report dated 30.04.2022 may also be modified in the light of the submission advanced by the deponent as also in view of the prevailing Government Order dated 26.06.2019 and 13.04.2020."
3. It appears that the statement made by Sri P.K. Tripathi, Standing Counsel, has not depicted the correct position. However, the learned Advocate General is always at liberty to approach the Government or use his good office so that controversy involved in the present case be settled amicably and for that no direction is necessary to pass by this Court considering that petitioner is employed at Advocate General Office and learned Advocate General being the head of the Institution has right of first audience. The order passed by this Court was an attempt towards amicable solution but instead of making any effort by the office of Advocate General, this application is filed seeking modification, unnecessarily treating Sri P.K. Tripathi, Standing Counsel as a culprit.
4. In view of above while rejecting the prayer of this application, with the consent of Sri Prabhakar Awasthi, learned counsel for petitioner, it is clarified that there is no need to strictly follow the direction passed in paras 2, 3 and 4 of the order dated 07.05.2022 but the object shall remain the same, that, learned Advocate General shall take all appropriate steps available in accordance with law to address the grievance of petitioner and if necessary may use his good office to pursue the case of petitioner and similarly situated employees at State level. Further, the State Government, being a welfare State, is also duty bound to reciprocate the suggestions given by learned Advocate General. It is expected that learned Advocate General will hold a meeting with responsible State Officials to discuss the issue and will place the outcome before this Court on 10th August, 2022.
5. It is made clear that Sri P.K. Tripathi, Standing Counsel may not be held guilty for any miscommunication as he had made statement on the basis of written instruction.
6. The application is accordingly disposed of.
7. Put up on 10th August, 2022 for compliance of direction issued in this order. This Court hope and trust that learned Advocate General will assist the Court on the next date fixed.
Order Date :- 27.7.2022
AK
