Ravi Prakash Tiwari And 5 Others vs State Of U.P. And 5 Others
2023 Latest Caselaw 5066 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 561 of 2023
 

 
Petitioner :- Ravi Prakash Tiwari And 5 Others
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Akhilanand Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner as well as the learned Standing Counsel for the State-respondents.

By means of the instant petition, the petitioner seeks following reliefs which read as under:-

"(i) Issue a writ order or direction in the nature of mandamus commanding the respondents-authorities to give notional increment to the petitioners made effective on 01.07.2022 and 01.07.2017 and grant all the pensionary benefits including the pensionary benefits.

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents authorities to decide the representations of the petitioners in light of the judgment and order passed by this Hon'ble Court in Bunch Case bearing No. Writ-A No. 14527 of 2022 (Union of India and three others Vs. Shiv Balak and 2 others) dated 15.12.2022 and judgment of Hon'ble High Court Madras in case writ petition No. 15732/2017 (P. Ayyamperumal Versus the Registrar and others)."

The grievance of the petitioner is that they have retired from service, however, their basic salary has not been appropriately fixed and they are entitled to the notional increment along with the consequential benefits which in effect would have the bearing on their pensions.

It is further submitted that the petitioners have raised the issue before the respondent nos. 5 and 6 by moving a representations, a copy of which has been brought on record as Annexure No. 7 cumulatively.

Considering the issue involved and that the matter has already been raised before the appropriate Authority and in the aforesaid circumstances, is the Authority of the first instance who is to take a decision, hence, at this Stage, the Court is not inclined to keep the matter pending or call for the counter affidavit from the State rather is of the opinion that ends of justice can be served by directing the respondent nos. 5 and 6 to consider and decide the pending respective representations of the petitioner by a speaking and reasoned order and intimate the same to the petitioner preferrably within a period of eight weeks from the date, a certified copy of this order is placed before the Authority concerned.

It is made clear that the Court has not examined the case of the petitioners on merits and the Authority concerned shall decide the same strictly in accordance with the prevalent rules and law as applicable in the matter.

With the aforesaid, the petition stands disposed of.

Order Date :- 15.2.2023

Asheesh