Arvind Kumar vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 10120 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 2587 of 2023
 

 
Petitioner :- Arvind Kumar
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. U.P. Parti Bhumi Vikas Vibhag Lko. And 2 Others
 
Counsel for Petitioner :- Pradeep Kumar Tripathi
 
Counsel for Respondent :- C.S.C.,Anurag Tripathi
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Pradeep Kumar Tripathi, learned counsel for the petitioner as well as learned Standing Counsel for respondent no. 1 and Sri Anurag Tripathi, learned counsel appearing for respondent nos. 2 and 3.

2. Learned counsel for the petitioner has filed amendment application, same is taken on record. By means of amendment application the petitioner-applicant has sought amendment in prayer no. 1 of the writ petition by replacing word 'defiance' with word 'difference.

3. No objection has made by learned counsel for the respondents to the amendment application.

4. Application for amendment is allowed. Let necessary correction/incorporation be made during course of the day.

5. The present petition has been filed with the following prayers:

"I. Issue a writ, order, or direction in the nature of mandamus commanding the opposite party no.3 i.e. UP Bhumi Sudhar Nigam Lucknow to pay difference of salary in revised pay scale to the petitioners in compliance of Government Order dated 24.12.2010 within stipulated period, contained as Annexure No.1 to the writ petition, in in the interest of justice.

2. Issue a writ or order in the nature of mandamus commanding the opposite parties to consider the claim of petitioner in light of order dated 27.1.2020 followed in Special Appeal No. 2054 of 2020 passed by this Hon'ble Court, contained as Annexure No.5 & 6 to the writ petition within stipulated period, in the interest of justice."

The parties agree that the issue raised in the present petition has been decided by this Court in Writ-A No.1174 of 2012 vide order dated 27.01.2020 and has been affirmed by the Appellate Court in Special Appeal No.2054 of 2020. The Special Leave Petition No.15487 of 2021 filed against the said orders has also been dismissed by the Hon'ble Supreme Court.

In view of the aforesaid, the present petition is disposed of with direction to the respondents to take decision in respect of the petitioner in the light of the judgment rendered in Writ-A No.1174 of 2012 on 27.01.2020 followed in Special Appeal No.2054 of 2020.

Order Date :- 5.4.2023

A. Verma

(Alok Mathur, J.)