Bharat Singh vs State Of U.P. Thru Prin.Secy. ...
2023 Latest Caselaw 2232 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 18749 of 2019
 

 
Petitioner :- Bharat Singh
 
Respondent :- State Of U.P. Thru Prin.Secy. Taxes And Registration Lko. Andors
 
Counsel for Petitioner :- Anurag Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioner and the learned Standing Counsel.

The petitioner has approached this Court challenging the order dated 08.02.2019 whereby his claim for grant of increment etc. is rejected. The date of birth of the petitioner is 01.07.1950 and he was due to retire on 30.6.2010. As per the 6th Pay Commission's Report, he was entitled for the benefit of increment, however the same is rejected by the respondents on the ground that the judgment of the the Madras High Court in the case of P.Ayyamperumal Vs. The Registrar, Central Administrative Tribunal, Madras Bench, High Court Complex, Chennai and others; relied upon by the petitioner, is under challenge before the Supreme Court.

Learned counsel for the petitioner submits that with regard to the judgment in the case of P.P. Pandey (Parmatma Prasad Pandey Vs. State of U.P. and others; Writ Petition No. 18375 (S/S) of 2020, dated 25.1.2021, the learned Single Judge has allowed the petition taking into consideration the rules applicable in the State of U.P. and this matter is squarely covered by the said judgment.

Learned Standing Counsel could not dispute that the matter is squarely covered by the judgment in the case of P.P. Pandey (Supra). He further submits that the issue is still pending before the Supreme Court.

Be that as it may, there is no stay upon the law as settled by the Allahabad High Court in the case of P.P. Pandey (Supra) as on date, therefore, the petitioner is entitled to the benefit of the said judgment.

Thus, the impugned order dated 08.02.2019, is hereby set aside. The respondent no. 2-Principal Secretary, Finance, Civil Secretariat, U.P. Lucknow, is directed to extend the benefit of the judgment in the case of P.P. Pandey (Supra) and provide the benefit of increment to the petitioner in accordance with the said judgment and appropriate orders shall be passed by the respondent no.2, within a period of two months from today.

The writ petition is allowed.

.

[Vivek Chaudhary,J.]

Order Date :- 20.1.2023

Sachin