Dr. Rajendra Prasad Pathak vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 22080 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:54014
 
Court No. - 20
 

 
Case :- WRIT - A No. - 5967 of 2023
 

 
Petitioner :- Dr. Rajendra Prasad Pathak
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Ayush U.P. Lko. And Another
 
Counsel for Petitioner :- Vinod Kumar Shukla,Rakesh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel for opposite parties.

Petition has been filed seeking a direction to opposite parties to grant one annual increment to which the petitioner has earned by rendering services from Ist July 2009 till 30th June 2010 whereafter he superannuated and became entitled for the increment with effect from Ist July, 2010.

Learned counsel has placed reliance on judgment rendered by this court in the case of P.P. Pandey versus State of U.P. and others,writ petition No. 18375 (S/S) of 2020 which has been followed by another coordinate Bench of this Court in the case of Nand Vijay Singh and others versus Union of India and other, Writ A No. 13299 of 2020 which has been quoted with approval by the Supreme Court in the case of The Director (Admn. and HR) KPTCL & others versus C.P. Mundinamani and others reported in 2023 Live Law (SC) 296.

Learned State Counsel also does not dispute the fact that petitioner is squarely covered by the aforesaid judgment.

Considering the said factors, a writ in the nature of Mandamus is issued commanding the opposite parties to grant benefit of judgment rendered by this Court in the case of P.P. Pandey (supra) with regard to grant of one annual increment to which he had become admissible on Ist July, 2010.

Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost.

Order Date :- 16.8.2023

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