Allahabad High Court
Mohd. Siddique vs State Of U.P.Thru. Addl. Chief ... on 22 May, 2023
Bench: Devendra Kumar Upadhyaya, Om Prakash Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:35519-DB
Court No. - 1
Case :- SPECIAL APPEAL No. - 237 of 2023
Appellant :- Mohd. Siddique
Respondent :- State Of U.P.Thru. Addl. Chief Secy.. Deptt. Of Revenue, Civil Secrt. Lko. And Others
Counsel for Appellant :- Ashok Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for appellant and learned Standing Counsel representing the State-respondents.
2. The instant intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has been filed by the appellant challenging the judgment and order dated 17.04.2023 passed by learned Single Judge in Writ-A No.2843 of 2023.
3. It has been submitted by learned counsel for the appellant that though the appellant-petitioner had retired in the year 2009, however, the matter for grant of time bound pay scale and promotional pay scale was under litigation which went up to Hon'ble Supreme Court where the Special Leave Petition (S.L.P.) preferred by the State Government against the order passed by a Division Bench of this Court was rejected on 10.04.2015 and thereafter, the District Magistrate vide his letter dated 10.10.2018 recommended to the Board of Revenue to grant the benefits and in the said order, name of the appellant-petitioner finds mentioned at Serial No.5. After October, 2018, though the appellant-petitioner is said to have been pursuing the matter with the authorities, however, since even after the recommendation made by the District Magistrate on 10.10.2018 when he was not granted the benefit of the second promotional pay scale, he filed Writ-A No.1453 of 2022 which was disposed of vide order dated 15.03.2022. In pursuance of the said order dated 15.03.2022 passed in Writ-A No.1453 of 2022, the matter was considered, however, claim of the appellant-petitioner was rejected by the State Government by passing the order dated 16.09.2022. It is this order dated 16.09.2022, which was challenged by the appellant-petitioner by instituting the proceedings of Writ-A No.2843 of 2023, however, learned Single Judge has not entertained the writ petition on the ground of delay and laches stating in the order under appeal herein that the appellant-petitioner had filed the writ petition after sixteen years from the date of retirement claiming the pay scale of Tehsildar which is wholly misconceived.
4. It is true that the appellant-petitioner had retired in the year 2009, however, the matter relating to grant of promotional/time bound pay scale was subjudice before this Court in Special Appeal No.83 of 2001 which was decided by a Division Bench of this Court on 29.08.2014 i.e. after retirement of the appellant-petitioner. The State took up the matter before Hon'ble Supreme Court and the S.L.P. filed by the State was rejected on 10.04.2015. After rejection of the Special Appeal, the District Magistrate, Sultanpur made his recommendation by means of the letter dated 10.10.2018 for grant of the benefit being claimed by the appellant-petitioner. However when the recommendation made by the District Magistrate was not being acted upon, the petitioner instituted the writ petition in the year 2022 which was disposed by means of order dated 15.03.2022 directing the State Government to consider the claim of the petitioner. It is in pursuance of the said order dated 15.03.2022 that the State Government passed the order dated 16.09.2022 rejecting the claim of the appellant-petitioner which was challenged by the petitioner in Writ-A No.2843 of 2023.
5. Thus for the reason that matter relating to the grant of promotion/time bound pay scale was pending consideration before this Court even at the time when the appellant-petitioner had retired which was finalized by the Hon'ble Supreme Court only in the year 2015 and thereafter, the District Magistrate recommended grant of the benefits to the appellant-petitioner vide his letter dated 10.10.2018, in our opinion, the writ petition ought to have been entertained and decided on merits.
6. In view of the aforesaid, this special appeal is allowed and the order dated 17.04.2023 passed by learned Single Judge in Writ-A No.2843 of 2023 is hereby set aside.
7. The writ petition is restored on the board of learned Single Judge, who is requested to decide the same in accordance with law, as expeditiously as possible.
8. There will be no order as to costs.
Order Date :- 22.5.2023
Shubhankar
