Vishram Singh Chauhan And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 489 of 2023
 

 
Petitioner :- Vishram Singh Chauhan And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 3 Others
 
Counsel for Petitioner :- Jitendra Singh,Purnima Singh
 
Counsel for Respondent :- C.S.C.,Pankaj Patel,Shanker Lal
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioners.

Present petition has been filed with the following prayers:

"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties 3 and 4 to make payment of benefit of promotion pay scales on completion of 19 years and 24 years with arrears from the date the petitioners have completed 19 years and 24 years, with all consequential benefits.

(ii) Issue a writ order or direction in the nature of mandamus directing the opposite party no.3 and 4 to re-fix the Gratuity admissible to the petitioners on last pay drawn and make the payment of remaining enhanced Gratuity with 6% interest.

......"

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 Abhinit Jaiswal, learned counsel appearing for respondent no.2 and Shri Pankaj Patel, learned counsel for respondent nos.3 & 4.

Order Date :- 24.1.2023

nishant