Sanjay Prakash Pandey vs State Of U.P. Thru. Chief Secy., ...
2023 Latest Caselaw 8110 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 
Case :- WRIT - A No. - 2299 of 2023
 
Petitioner :- Sanjay Prakash Pandey
 
Respondent :- State Of U.P. Thru. Chief Secy., Lko. And 3 Others
 
Counsel for Petitioner :- Akhilesh Kumar Mishra,Omkar Singh
 
Counsel for Respondent :- C.S.C.,Anurag Tripathi
 

 
Hon'ble Alok Mathur,J.

1. The present petition has been filed with the following prayers:

"I. Issue a writ, order, or direction in the nature of Mandamus commanding the respondent authorities to consider and provide the benefits of revised pay scale to the petitioner as per recommendation of the Sixth Pay Commission in the light of the Government order dated 24.12.2010 extending the benefit of judgment dated 27.1.2020 passed in Writ Petition No.1174. (S/S) of 2012 Anil Kumar & 51 others versus State of U.P. and others, the judgment dated 21.6.2021 passed in Special Appeal (D) No.254 of 2020 and the judgment dated 20.10.2021 passed by the Hon'ble Apex Court in Special Leave Petition (C) No.15487 of 2021 and the recent judgment of this Hon'ble Court passed in Writ-A No.1823 of 2022, Ramesh Chandra and 92 others versus State of U.P. ?& others(contained as Annexure No.1 to 5 to this writ petition.)

2. Issue a writ or order in the nature of mandamus commanding the opposite parties to grant arrears of salary to the petitioner extending the benefit of minimum of pay scale of his post of Draftsman with benefits as per the minimum pay scale of his post of Draftsman with effect from the date of their initial appointment on the principles of Equal Pay for Equal work."

....."

2. The parties agree that the issue raised in the present petition has been decided by this Court in Writ-A No.1174 of 2012 vide order dated 27.01.2020 and has been affirmed by the Appellate Court in Special Appeal No.254 of 2020. The Special Leave Petition No.15487 of 2021 filed against the said orders has also been dismissed by the Hon'ble Supreme Court.

3. In view of the aforesaid, the present petition is disposed off with direction to the respondents to take decision in respect of the petitioner in the light of the judgment rendered in Writ-A No.1174 of 2012 on 27.01.2020 followed in Special Appeal No.254 of 2020, within a period of three months.

Order Date :- 20.3.2023 (Alok Mathur, J.)

RKM.