Rampal vs State Of U.P. Thru. Secy. Deptt. Of Home ...
2024 Latest Caselaw 2917 ALL

Allahabad High Court

Rampal vs State Of U.P. Thru. Secy. Deptt. Of Home ... on 1 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:9535-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 217 of 2023
 

 
Appellant :- Rampal
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Secrt. U.P. Lko. And Others
 
Counsel for Appellant :- Devendra Kumar,Sandeep Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Brij Raj Singh,J.

1. Heard the learned counsel for the appellant and learned standing counsel for the State.

2. This Intra-Court appeal is directed against the judgment/order dated 7.4.2023 passed in Writ-A No.2725 of 2023 whereby the Writ Court has disallowed the claim of the petitioner for bringing his salary at par with the juniors named in the writ petition.

3. The Writ Court while considering the rival contentions of parties, has found that the persons named in the writ petition who have been paid higher emoluments, their pay fixation was found erroneous and the same on being rectified has lead to recovery for wich the order was passed. In any case, any wrong fixation of pay in favour of a junior person does not create a right in favour of a person who claims to be senior. The pay scale prescribed for the post of Block Organizer is duly paid to the petitioner and he is regularly receiving his salary as admissible against the post held by him. The Writ Court has drawn a clear distinction appreciating the distinction and in absence of any valid right the claim for higher emoluments, has rightly been found as misconceived and dismissed. The judgment/order passed by the Writ Court on due consideration of the matter, in our humble consideration, does not suffer from any illegality calling for interference in exercise of appellate jurisdiction of this Court.

4. The special appeal is accordingly dismissed.

(Brij Raj Singh, J.) (Attau Rahman Masoodi, J.)

Order Date :- 1.2.2024

Rajneesh JR-PS)