Allahabad High Court
Ramautar And Others vs U.P. State Bridge Corporation ... on 24 April, 2023
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- WRIT - A No. - 10814 of 2018
Petitioner :- Ramautar And Others
Respondent :- U.P. State Bridge Corporation Ltd. Thru. Managing Director
Counsel for Petitioner :- Dinesh Kumar Tripathi
Counsel for Respondent :- Shishir Jain,Ram Ratan
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioners and Sri Ram Ratan, learned counsel appearing for the respondent-Corporation.
With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided.
Instant writ petition has been filed praying for the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus directing the opposite party categorized the petitioners in Group-B in accordance with the own policy dated 31.08.1990 and regularized the services of the petitioners accordingly ignoring the break in service by providing the benefit of the Judgment of 5319 (SS) of 1991 Veneet Kumar Srivastava and Ors Vs. U.P State Bridge Corporation Ltd which is annexed as Annexure No. 2 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party to pay the pay scale Rs. 5200-20200 according the six pay scale to the petitioner.
(iii) Issue a writ, order or direction in the nature of Mandamus directing the opposite party to decide the representation of the petitioners in accordance with law."
The contention of learned counsel for the petitioners is that despite the petitioners working since long they have neither been regularized nor have been given the pay scale for which they are entitled despite the policy dated 31.08.2019 being in existence and thus non regularization of the petitioners and not giving the pay scale is patently arbitrary in the eyes of law.
Learned counsel for the petitioners contends that in this regard the petitioners may be permitted to submit a comprehensive representation to the respondents which may be directed to be decided within a fixed time frame
To the said prayer, Sri Ram Ratan, learned counsel appearing for the respondent-Corporation has no objection.
Accordingly, without entering into the merits of the case but considering that the matter pertains to categorization, regularization and grant of pay scale, the instant writ petition is disposed of leaving it open to the petitioners to submit a comprehensive representation to respondent no. 3 for the redressal of their grievances within a period of ten days from today along with certified copy of this order. In case, such a representation is made then respondent no. 3 shall proceed to decide the same after considering the policy dated 31.08.2019 within a period of one month from the date of receipt of the representation along with certified copy of this order.
Order Date :- 24.4.2023
Pachhere/-
