Krishna Chandra Shukla And ... vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 1290 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 262 of 2023
 

 
Petitioner :- Krishna Chandra Shukla And Another
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 4 Others
 
Counsel for Petitioner :- Janardan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J. 

Heard learned counsel for parties.

By means of present writ petition, the petitioners are seeking a writ in the nature of mandamus for commanding the opposite parties to pay Second Promotional Pay scale of the post of Tehsildar i.e. Rs. 8000-13500/- as has been paid to their colleagues in other districts and is admissible to them as per the Government Order.

Submission of learned counsel for the petitioners is that petitioners are entitled for the second promotional pay scale in pursuance of Government Order dated 02.12.2000 and 03.09.2001, which provides that an employee will be entitled for second promotional pay scale, who had completed 5 years of service on the first promotional pay scale and have completed a total period of 24 years of service in the department. Further submission of learned counsel for the petitioner is that petitioners were given first promotional pay scale on completion of 16/14 years of satisfactory service in pursuance to the judgment and order dated 09.08.2000 and after completion of 5 years service as well as 24 years of total service, petitioners are entitled for second promotional pay scale.

Learned counsel for the petitioners further submits that the issue involved in the present writ petition has already been decided by the Division Bench in Special Appeal No. 83 of 2001 (State of U.P. and others Vs. Kanhaiya Lal and others) and petition for Special Leave to Appeal (C) CC No. 5908/2015 of the State Authorities against the judgment and order passed in Special Appeal No. 83/2001 has also been dismissed by Hon'ble Apex Court vide order dated 10.04.2015. Learned Standing Counsel fairly accepted that the petitioners' case is covered by the judgment and order passed in Special Appeal No. 83 of 2001.

In view of the above, present writ petition is disposed of in terms of judgment and order dated 29.08.2014 passed in Special Appeal No. 83 of 2001 (State of U.P. and others Vs. Kanhaiya Lal and others). The opposite parties are directed to examine the grievance of the petitioners with regard to grant of second promotional pay scale of the post of Tehsildar in the pay scale of Rs. 8000-13500 and decide the same in accordance with law as well as in the light of judgment and order passed in Special Appeal No. 83 of 2001, within a period of three months from the date of receipt of a certified copy of this order.

(Vivek Chaudhary,J.)

Order Date :- 12.1.2023

Arjun/-