Sajjan Mishra And Others vs State Ofu.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 9987 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 2671 of 2023
 

 
Petitioner :- Sajjan Mishra And Others
 
Respondent :- State Ofu.P. Thru. Prin. Secy. Dairy Development, Lko. And Others
 
Counsel for Petitioner :- Jitendra Singh
 
Counsel for Respondent :- C.S.C.,Pankaj Patel,Shanker Lal
 

 
Hon'ble Alok Mathur,J.

1. Heard learned counsel for the petitioners.

2. Present petition has been filed with the following prayers:

"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties 3 and 4 to make payment of benefit of promotion pay scales on completion of 19 years and 24 years with arrears from the date the petitioners have completed 19 years and 24 years, with interest and with all consequential benefits.

(ii) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to give the petitioners HRA etc. arrear of leave encashment, employeers contribution and CCA and

(iii) Issue a writ order or direction in the nature of Mandamus directing the opposite party No.3 and 4 recalculate the Gratuity admissible to the petitioners on last pay drawn and make the payment of difference of Gratuity, with 6 % interest, from the date it falls due till the date of actual payment.

......"

3. Contention of learned counsel for the petitioner is that the issue as raised in the present petition is squarely covered by a judgment of this Court in Writ Petition No.922 (SS) of 2021 [Ram Raj Singh and Ors. v. State of U.P. & Ors.) dated 13.1.2021.

4.It is also agreed in between the parties that the issue is also squarely covered by the decision of this Court dated 8.4.2022 passed in Writ - A No.2020 of 2022.

5.Considering the fact that the petitioner is entitled for his claims, the present petition is disposed off directing respondents to make the payments as claimed by the petitioners including the benefits of rendering the services on completion of 19 years and 24 years of continuous satisfactory service to the petitioners alongwith the other benefits like arrears of gratuity, arrears of leave encashment, employer contribution and the other benefits of CCA and HRA within a period of six months from today.

6.While according the benefits, the respondents shall pass a specific order with regard to the claim of interest over the said amount.

7.This order has been passed in the presence of Shri Samanvay Dhar Dwivedi, learned counsel appearing for respondent no.2 and Shri Pankaj Patel, learned counsel for respondent nos.3 & 4.

Order Date :- 5.4.2023 (Alok Mathur, J.)

RKM.