Shahabuddin Khan And 89 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1237 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 3473 of 2022
 

 
Petitioner :- Shahabuddin Khan And 89 Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And Others
 
Counsel for Petitioner :- Sanjay Kumar Srivastava,Abhay Kumar Ojha,Akshat Kumar
 
Counsel for Respondent :- C.S.C.,Lalit Shukla,Pankaj Patel
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

Present petition has been filed with the following prayer:

"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties 2 and 3 to make payment of full amount of arrears of difference of salary along with interest accrued thereupon to the petitioners because of benefit of selection grade of one special increment on completion of 19 years of continuous satisfactory services and benefit of second promotional pay scale on completion of 24 years of continuous satisfactory services in pursuance of the order dated 24.10.2019 passed by the opposite party no.3 contained as Annexure no.1 to the writ petition forthwith along with consequential benefits and interest thereon.

......"

Contention of learned counsel for the petitioner is that the issue as raised in the present petition is squarely covered by a judgment of this Court in Writ Petition No.922 (SS) of 2021 [Ram Raj Singh and Ors. v. State of U.P. & Ors.) dated 13.1.2021.

It is also agreed in between the parties that the issue is also squarely covered by the decision of this Court dated 8.4.2022 passed in Writ - A No.2020 of 2022.

Considering the fact that the petitioner is entitled for his claims, the present petition is disposed off directing respondents to make the payments as claimed by the petitioner including the benefits of rendering the services on completion of 19 years and 24 years of continuous satisfactory service to the petitioner alongwith the other benefits like arrears of gratuity, arrears of leave encashment, employer contribution and the other benefits of CCA and HRA within a period of six months from today.

While according the benefits, the respondents shall pass a specific order with regard to the claim of interest over the said amount.

This order has been passed in the presence of Shri Lalit Shukla, learned counsel for respondent nos.2 & 3.

Order Date :- 11.1.2023

VNP/-