Sumeshwar Nath Pandey And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23675 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57202
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6420 of 2023
 

 
Petitioner :- Sumeshwar Nath Pandey And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj, Civil Secrt. Lko. And Another
 
Counsel for Petitioner :- Mohammad Tauseef Siddiqui
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

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

2. 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 2016 till 30th June 2017 whereafter he superannuated and became entitled for the increment with effect from Ist July, 2017.

3. 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 reported in 2021 (1) ADJ 646 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 reported in (2021) 4 AWC 3182 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.

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

5. 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, 2017.

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

Order Date :- 28.8.2023

-Amit K-