Dr. Devendra Nath Tripathi vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23946 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58140
 
Court No. - 20
 
Case :- WRIT - A No. - 16693 of 2020
 
Petitioner :- Dr. Devendra Nath Tripathi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Anubhag Lko. And Ors.
 
Counsel for Petitioner :- Rakesh Chandra Tewari,Jitendra Tiwari
 
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 challenging order dated 28.05.2020 whereby petitioner's representation for grant of annual increment to which the petitioner has earned by rendering services from Ist July 2017 till 30th June 2018 whereafter he superannuated and became entitled for the increment with effect from Ist July, 2018.

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 Hon'ble the Supreme Court in the case of 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 aforesaid factors particularly the fact that said judgments have not been considered in the impugned order dated 28.05.2020, the same is therefore quashed by issuance of a writ in the nature of certiorari. Further 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, 2018.

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

Order Date :- 29.8.2023

Subodh/-