Priyanka Gupta And 41 Others vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 26460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62639
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7324 of 2023
 

 
Petitioner :- Priyanka Gupta And 41 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health And Family Welfare Deptt. Lko. And 2 Others
 
Counsel for Petitioner :- Shiv Nath Goswami,Girdhari Lal Gupta
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed for following reliefs:-

"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to grant and pay the grade pay of Rs. 2800/- to the petitioners also as is being paid to similarly situated employees/persons, giving the benefits of judgment/order dated 04.07.2023 passed in Writ-A No. 20255 of 2021; Kamal Deep Nirala and other Versus State of U.P. and Ors.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make payment of arrears of salary also from the respective date of the appointment of the petitioners in the grade pay of Rs. 2800/-."

3. It has been submitted that a similar controversy has already been adjudicated upon by this Court in Writ A No. 20255 of 2021, Kamal Deep Nirala versus State of U.P. and others by means of judgment and order dated 4th July, 2023. It is submitted that aforesaid judgment has attained finality since no appeal there-against has been field till date. It is also submitted that petitioners are similarly situated as the petitioners of the aforesaid writ petition and are therefore entitled for the same benefits.

4. Considering aforesaid submissions by learned counsel for petitioner, liberty is granted to petitioners to file a fresh representation before opposite party No.2 i.e. Director General, Family Welfare, Lucknow with regard to their grievances. The said opposite party shall consider and decide the same in the light of judgment rendered by Co-ordinate Bench of this Court in the case of Kamal Deep Nirala(supra) in case same is applicable. Reasoned decision shall be taken within a period of four weeks from the date a certified copy of this order is submitted before concerned authority along with copy of the aforesaid judgment.

5. With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 26.9.2023

Satish