Lal Ji Prajapati vs State Of U.P. Thru. Addl. Chief Secy. ...
2023 Latest Caselaw 35334 ALL

Allahabad High Court

Lal Ji Prajapati vs State Of U.P. Thru. Addl. Chief Secy. ... on 15 December, 2023

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:82579
 
Court No. - 20
 

 
Case :- WRIT - A No. - 9568 of 2023
 

 
Petitioner :- Lal Ji Prajapati
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Of Revenue Lko. And 4 Others
 
Counsel for Petitioner :- Pramendra Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.
 

Heard learned counsel for petitioner and learned State counsel appearing on behalf of opposite parties.

Petition has been filed seeking the following main relief:-

"(i) A writ, order or direction in the nature of Mandamus commanding the opposite party no.1 and 2 to make the payment of arrears of the second promotional pay scale total amounting Rs.7,38,922/- as the opposite party no.4 has already granted the second promotional pay scale to the petitioner on 19.03.2019 and in pursuance of the same Sub-Divisional Magistrate/Opposite party no.4 has made the fixation of the same.

(ii) A writ, order or direction in the nature of Mandamus commanding the opposite parties to extend the benefit of the judgment dated 11.08.2021 passed in writ petition no.2124 (S/S) of 2021 in quite identical matters of Collection Amin whereby the Hon'ble Court has directed to ensure the payment of arrears of the second promotional pay scale of Tahsildar and ACP as well as other consequential benefits and same has been complied with by the State Government vide order dated 17.07.2023, for which the petitioner is eligible and entitled to get the benefit of aforesaid orders. ........."

Learned counsel for petitioner submits that the petitioner has already been granted the Second Promotional Pay-scale on completion of 24 years of services and third ACP on completion of 26 years of services along with arrears of revised pensionary benefits but arrears of Second Promotional Pay-scale total Rs.7,38,922/- have not been paid till date, for which the petitioner has already submitted representation but to no avail. Liberty is sought for making a fresh representation to the concerned authority. It is submitted that the petitioner's case is covered by the judgment and order dated 11.08.2021 passed in Writ Petition No.2124 (S/S) of 2021 (Shiv Kishore Dixit v. State of U.P. and others).

Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case petitioner is granted liberty to file fresh representation with regard to his grievance annexing a copy of the aforesaid judgments before opposite party No.1 i.e. Additional Chief Secretary/Principal Secretary/Department of Revenue U.P. In case such a representation is preferred, the benefits claimed by petitioner shall be paid to him within a period of four months from the date representation is made in case there is no legal impediment. In case of any legal impediment, the petitioner shall be made aware of the same in writing within the same time period. The authority concerned shall be guided by the observations and directions made by this Court in the writ petition of Shiv Kishore Dixit (supra), in case it is applicable.

With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 15.12.2023

Subodh/-