Prem Pal vs State Of U.P. And 2 Others
2023 Latest Caselaw 8190 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 1121 of 2023
 

 
Petitioner :- Prem Pal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Pankaj Srivastava
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Rajiv Joshi,J.

Heard Sri Pankaj Srivastava, learned counsel for the petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel.

The instant writ petition has been filed for following relief:

"(i) issue a writ, order or direction in the nature of mandamus directing the respondents to pay salary to the petitioner in the regular pay scale of Group 'D' post (Mali/Chowkidar) since 12.01.2017 (Annexure no.3) in place of minimum of pay scale pursuant to the regularization order dated 12.01.2017 (Annexure no. 3) and approval order dated 03.02.2017 (Annexure No. 4).

(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to pay arrear of difference of salary from 12.01.2017 along with interest thereon."

Learned counsel for the petitioner states that the controversy involved in the present writ petition stands adjudicated by this Court passed in Writ A No. 11964 of 2018 (Mohan Swaroop & Another Vs. State of U.P. and 3 Others) dated 17.11.2018 against which an Special Appeal Defective No. 868 of 2021 is pending before this Court, in which neither any counter affidavit was called nor any interim has been passed.

Relevant portion of the aforesaid judgment, is quoted as under:

"The principles laid down by the Apex Court in State of U.P. & Others Vs. Putti Lal reported in 2006 (9) SCC 337 and State of Punjab and Others Vs. Jagjit Singh and Others reported in 2017 (1) SCC 148 have been specifically reiterated and re-enforced.

In that view of the matter, denial of minimum of pay scale to the petitioner, pursuant to the order impugned dated 08.03.2018, cannot be sustained. The writ petition, consequently, succeeds and is allowed. The Government Order dated 08.03.2018 stands quashed in so far as it relates to the petitioners in the present bunch of petitions are concerned.

The petitioners, who were granted benefit of minimum of pay scale under 6th Pay Commission, would be entitled to benefit of minimum of pay scale, as is presently enforced after introduction of 7th Pay Commission report. They will also be entitled to arrears, which would be computed and paid to them within a period of three months from the date of presentation of a certified copy of this order; however, without any allowances."

Learned Standing Counsel could not disputed the aforesaid fact.

For the reasons recorded in Writ A No. 11964 of 2018, this petition also stands allowed in the same terms.

Order Date :- 21.3.2023

Noman