Dharmendra Kumar And 10 Others vs State Of U.P. And 7 Others
2023 Latest Caselaw 16219 ALL

Citation : 2023 Latest Caselaw 16219 ALL
Judgement Date : 22 May, 2023

Allahabad High Court

Dharmendra Kumar And 10 Others vs State Of U.P. And 7 Others on 22 May, 2023

Bench: Saral Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:112231
 
Court No. - 37
 

 
Case :- WRIT - A No. - 8384 of 2023
 

 
Petitioner :- Dharmendra Kumar And 10 Others
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Santosh Kumar Dubey,Krishna Kant Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saral Srivastava,J.

1. Heard learned counsel for the petitioner and Sri C.P. Gupta, learned Standing Counsel.

2. By means of present writ petition, the petitioners have assailed the order passed by respondent No.4 by which the benefit of pay scale of Rs.1900/- has been refused to the petitioners on the ground that against the order passed by this Court in Writ-A No.20277 of 2019 (Sushil Kumar Gautam and 16 others Vs State of U.P. and 2 others, decided on 02.08.2021), a Special Appeal No.288 of 2022 is pending, and therefore, the petitioners cannot be extended the benefit of pay scale of Rs.1900/- per month.

3. Learned counsel for the petitioners has contended that the finding of the Executive Engineer is perverse inasmuch as the Special Appeal No.288 of 2022 has been dismissed by this Court vide judgment and order dated 31.03.2023, copy of which is enclosed as Annexure No.27 to the writ petition. He has further placed reliance upon the judgment of this Court in Writ-A No.18145 of 2022, wherein, this Court, on identical circumstances, has quashed the order issued by respondent No.4. Accordingly, it is prayed that the petitioners are also entitled to benefit of judgment of this Court in Writ-A No.20277 of 2019.

4. Learned Standing Counsel though tried to defend the order impugned but could not dispute the fact that Special Appeal No.288 of 2022 has been dismissed by this Court vide judgment and order dated 31.03.2023.

5. In such view of the fact, the order impugned cannot be sustained and is accordingly set aside. The present writ petition is disposed of in terms of the judgment of this Court in Writ-A No.20277 of 2019 (annexed on page 173 to the writ petition) and the benefits be extended to the petitioners in terms of the aforesaid judgment.

6. It is further provided that liberty is granted to the respondents to file recall application, in case, there is any concealment of fact by the petitioner in obtaining the aforesaid order.

Order Date :- 22.5.2023

R.S. Tiwari