Devi Prasad Misra vs U.P. Jal Nigam (Urban) Thru. Its ...
2023 Latest Caselaw 3894 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 330 of 2023
 

 
Petitioner :- Devi Prasad Misra
 
Respondent :- U.P. Jal Nigam (Urban) Thru. Its Chairman Lko And 2 Others
 
Counsel for Petitioner :- Savita Jain
 
Counsel for Respondent :- Rishabh Kapoor
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and Sri Rishabh Kapoor the counsel for the respondents.

The present petition has been filed challenging the order dated 23.09.2022 (Annexure no.1) whereby the request of the petitioner for grant of incentive bonus has been rejected placing reliance on the Government Order dated 05.07.1986.

The contention of the counsel for the petitioner is that the Government Order dated 05.07.1986 was challenged before this Court in Writ- A No.33425 of 2019 (Anurag Mehrotra vs. State of U.P. and others) wherein this Court was pleased to declare the Government Order dated 05.07.1986 as ultra vires insofar as withdrew the benefit of bonus under Rule 12 of the GPF Rules 1985.

In view of the said judgment coupled with the fact that the impugned order places reliance on the Government Order dated 05.07.1986, the writ petition deserves to be allowed and the order impugned is liable to be set aside.

Accordingly, the writ petition is allowed. Impugned order dated 23.09.2022 is set aside. The relief granted by this court in the case of Anurag Mehrotra vs. State of U.P. (supra) shall be given to the present petitioner also in accordance with law within a period of three months.

Order Date :- 7.2.2023

VNP/-