Allahabad High Court
Rajendra Pratap Singh And 15 ... vs State Of U.P. Thru. Addl. Chief ... on 31 May, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- WRIT - A No. - 3484 of 2022
Petitioner :- Rajendra Pratap Singh And 15 Others
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Dept. Irrigation And Water Resources Lko. And 5 Others
Counsel for Petitioner :- Surya Kant Singh,Shubham Singh
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.
The instant writ petition has been filed with following relief:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to extend the benefit of judgement and order dated 02.08.2021 passed by Hon'ble Court in case of Sushil Kumar Gautam & 16 others vs. State of U.P. & others passed in Writ A No. 20277 of 2019 and grant the Grade Pay of Rs. 1800 to 1900 on the post of Mate, in the light of government order dated 23.04.2022 passed by the opposite party no. 1, in compliance of aforesaid judgement and order to the petitioners.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide Grade Pay of Rs. 1900/- on the post of Mate to the petitioners from the date of appointment on the post of Mate alongwith all consequential benefits of the services in the light of the judgement of Sushil Kumar Gautam case."
Learned counsel for the petitioners submit that the petitioners are claiming the grade pay of Rs. 1900/- as paid to the Mate's of PWD's along with the pay scale of Rs. 5200 to 20200/-.
He added his arguments that the petitioners are the confirm mates in the Department of Irrigation of Government of U.P. and they are being paid grade pay of Rs. 1800/- however mates working in the PWD are getting the grade pay of Rs. 1900/-. He submits that Engineer-in-Chief of the Irrigation Department has already made a recommendation in favour of the petitioners for payment of grade pay of Rs. 1900/- as are being paid to the identically situated mates of PWD. He also appended the aforesaid recommendation dated 17.14.2018 as well as 10.01.2018 annexed as annexure no. 10 and 11 to the writ petition. Referring the aforesaid, he submits that the petitioners are identically situated employees. He further submits that a co-ordincate Bench of this Court in Service Single No. 26048 of 2021 (Rajendra Kumar & ors vs. State of U.P. & ors) has passed the order and while allowing the writ petition has granted the relief for providing the grade pay of Rs. 1900/- to the identical situated mates of the department. He submits that the aforesaid benefit may also be accorded in favour of the present petitioners.
The judgment of co-ordinate Bench of this Court reads as under:-
"1. Present writ petition has been filed claiming Grade Pay of Rs.1900/- as paid to the Mates of U.P. P.W.D. along with Pay Scale of Rs.5200-20200/-.
2. According to the learned counsel for the petitioners, the petitioners are confirmed Mates in the Irrigation Department, Govt. of U.P. They are being paid Grade Pay of Rs.1800/-, however, Mates working in the P.W.D. have been paid Grade Pay of Rs.1900/-. Engineer-in-Chief of the Irrigation Department has already made recommendation in favour of the petitioners for payment of Grade Pay of Rs.1900/-, as is being paid to the Mates of P.W.D. This recommendation has been placed on record along with the writ petition as Annexure-4. Similar recommendations have also been made by Engineer-in-Chief vide communications dated 02.11.2018 and 10.1.2018, which have also been placed on record.
3. Mr.Avinash Tiwari, learned counsel for the petitioners as well as Mr.Shailendra Kumar Singh, learned counsel for the respondents are consensus ad idem that the issue involved in this writ petition is covered by judgment and order dated 02.08.2021 passed in Writ A No.20277 of 2019.
4. In view thereof, present writ petition is allowed.
5. It is held that confirmed Mates working in the Irrigation Department are also entitled for Grade Pay of Rs.1900/- with effect from 16.11.2011 as is being paid to the Mates of P.W.D. Arrears in respect of difference of Grade Pay is to be calculated and paid to the petitioners and other confirmed Mates of Irrigation Department within a period of four months from the date, a certified copy of this order is submitted before respondent No.1."
On the other hand, learned counsel for the State has no objection if the aforesaid matter is being decided in the light of the aforesaid order.
Considering the facts and circumstances of the case, the respondent no. 1 is hereby directed to decide the matter of the petitioner taking into consideration the judgement and order dated 02.08.2021 passed in Writ A No. 20277 of 2019 (Sushil Kumar Gautam and 16 others Vs. State of U.P. and 2 others) and any other order that may have been passed.
With the aforesaid observation, the writ petition is disposed off.
Order Date :- 31.5.2022
akverma
