Allahabad High Court
Arun Kumar Sharma And 11 Others vs State Of U.P. Thru. Prin. Secy. ... on 31 May, 2022
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 3596 of 2022
Petitioner :- Arun Kumar Sharma And 11 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 2 Others
Counsel for Petitioner :- Alok Singh Chauhan
Counsel for Respondent :- C.S.C.,Rishabh Kapoor
Hon'ble Rajan Roy,J.
Heard.
Against the decision of this Court dated 09.11.2020 passed in Special Appeal Defective No.276 of 2020 which itself arose from a Single Judge Bench decision rendered in Writ Petition No.11991 (S/S) of 2017 [Kamesh Srivastava & Ors. vs. State of U.P. & Ors.], a special leave petition bearing Special Leave to Appeal (C) No.3311 of 2022 was filed by the State of U.P. which has been decided on 20.05.2022 in the following terms:-
"We have heard Ms. Aishwarya Bhati, learned A.S.G. appearing on behalf of U.P. Jal Nigam and Shri Ravindra Raizada, learned Senior Advocate/AAG appearing on behalf of the State of U.P. and the learned counsel appearing on behalf of the respondents and considering the decision of this Court in the case of Harwindra Kumar Vs. Chief Engineer Karmik & Ors., 2005 (13) SCC 300 and on consideration of Regulation 31 of U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations 1978, we see no reason to interfere with the impugned judgment and Order passed by the High Court. However, at the same time looking to the financial difficulty projected by Ms. Bhati, learned ASG, we modify the impugned judgment and order passed by the High Court and direct that so far as those employees who are working with U.P. Jal Nigam, the arrears for the period between 2006 and 2010 shall be deferred and same shall be credited in their GPF Account so that at the time of retirement, the same may be available and paid to them and at the same time the U.P Jal Nigam is not burdened with such a huge financial liability immediately. It is also further observed and directed that so far as those persons who are already retired on attaining the age of superannuation, they shall be paid the actual arrears for which three months time is granted to U.P. Jal Nigam to pay the arrears. It is further directed that if the amount, as above, to be deposited in the GPF Account, is deposited within a period of six months from today, arrears shall not carry any interest, otherwise it shall carry the interest @ 6% per annum. Similarly, with respect to those employees who have already retired on attaining the age of superannuation in the meantime, if they are paid arrears within a period of four months from today, in that case it shall not carry any interest, failing which it shall carry the interest @ 6% per annum.
It also goes without saying that the aforesaid directions shall be applicable with respect to those employees who are not paid any difference pursuant to the judgment and order passed by the High Court as it is reported that during the pendency of the present Special Leave Petitions, some of the employees of U.P. Jal Nigam are already paid the arrears pursuant to the impugned judgment and order passed by the High Court.
With this, the present Special Leave Petitions stand disposed of.
Pending application(s), if any, shall stand disposed of."
Accordingly, the writ petition is disposed of in terms of the judgment of Hon'ble the Supreme Court, meaning thereby, the petitioners shall be entitled to the benefits of observations/ directions contained therein with a corresponding obligation upon the opposite parties in this regard.
(Rajan Roy,J.)
Order Date :- 31.5.2022
Shanu/-
