Zila Gram Vikas Abhikaran Seva ... vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 679 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 8613 of 2022
 

 
Petitioner :- Zila Gram Vikas Abhikaran Seva Nivrat Karam. Kal. Sami. Thru. Shri Ashok Kumar Singh And Another
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Rural Development Deptt. And Another
 
Counsel for Petitioner :- Mohd. Mansoor,Mohammad Danish
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The instruction provided by the learned Standing Counsel is taken on record.

Heard learned Counsel for the petitioner and learned Standing Counsel.

The present petition has been filed stating that the petitioner had earlier approached this Court seeking a mandamus commanding the respondents to give arrears of salary according to the VIth Pay Commission and pension along with retiral benefits, meant for the State Government employee prior to 2005, to the retired employees of DRDA in view of the Government Orders. The said writ petition was disposed off by means of an order dated 26.07.2021 [Writ-A No.5390 of 2021] directing the respondents to consider the claim of the petitioner in the light of the judgment of Full Bench judgment of this court in the case of Km. Kalyani Mehrotra vs State of U.P. and others; 2021 (4) ADJ 397 (FB).

It is argued that despite clear directions of this Court to consider the case in the light of law laid down in the case of Km. Kalyani Mehrotra (Supra), the respondents have passed the impugned order rejecting the claim without even considering the law as propounded by the Full Bench.

The learned Standing Counsel based upon the instructions states that against the judgment of this Court in the case of Km. Kalyani Mehrotra (Supra), an SLP (Civil) No.4913 of 2022 was preferred, which was dismissed on 13.07.2022, against which a review petition has been preferred.

Merely because a review petition is pending before the Hon'ble Supreme Court, the State cannot take stand that they would not comply with the mandate of this Court in the case of Km. Kalyani Mehrotra (Supra), as such, the impugned order dated 12.04.2022 is set aside with directions to the respondents to consider the claim of the petitioner strictly in view of the law laid down in the case of Km. Kalyani Mehrotra (Supra). The said consideration shall be taken within a period of three months from the date of production of certified copy of this order.

The writ petition is disposed off.

Order Date :- 6.1.2023

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