Allahabad High Court
Vishwajeet Maurya vs State Of U.P. Thru. Addl. Chief Secy. ... on 2 July, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:44873
Court No. - 4
Case :- WRIT - A No. - 3934 of 2024
Petitioner :- Vishwajeet Maurya
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Horticulture Lko. And 2 Others
Counsel for Petitioner :- Mohd. Ateeq Khan
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Mohd. Ateeq Khan, learned counsel for the petitioner and Shri Tushar Verma, learned Additional C.S.C. for the State-respondents.
2. By means of this petition, the petitioner has prayed for the following main relief(s):-
"i. issue a writ order or direction in the nature of certiorari thereby quashing the impugned order dated 19.12.2023 passed by the opposite party no.2 contained as Annexure-1 to the writ petition.
ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to make payment of the minimum of the pay scale to the petitioner in term of the recommendation of Seventh Pay Commission as is being to other similarly situated daily wagers."
3. At the very outset, Shri Khan has submitted that the controversy in question has been set addressed by the Division Bench of this Court vide judgement and order dated 03.02.2023 passed in Special Appeal Defective No. 44 of 2023 in re: State of U.P. and others vs. Indra Pal and that order has been followed in subsequent Special Appeal Defective No. 472 of 2023 in re: State of U.P. and others vs. Pradeep Kumar Shukla vide judgement and order dated 14.7.2023 which has been enclosed as Annexure-9 to the writ petition, which reads as under:-
"(1) Heard learned State Counsel representing the appellants-State authorities and Sri Mohd. Ateeq Khan, learned Counsel representing the sole respondent.
(2) Having regard to the contents of the affidavit filed in support of the application seeking condonation of delay and having heard learned counsel for the parties, we are satisfied that the delay has sufficiently been explained.
(3) Accordingly, the prayer for condonation of delay is allowed and the delay in filing the special appeal is condoned.
(4) The only controversy involved in this matter is as to whether the respondent-petitioner who has already been paid minimum of pay scale as his emoluments in terms of the recommendation of 6th Pay Commission should be paid minimum of the pay scale as his emoluments in terms of the recommendation of 7th Pay Commission or not.
(5) Pay Revision is effected from time to time by the State Government on the basis of ever raising inflation and the inflation affects every employee irrespective of whether he is being paid regular scale of pay or he is being paid minimum of the regular pay scale.
(6) In similar circumstances, a Division Bench of this Court vide its judgment and order dated 03.02.2023 passed in Special Appeal Defective No. 44 of 2023, State of U.P. and others v. Indra Pal has taken the same view.
(7) In view of the aforesaid, we find that the Special Appeal lacks merit.
(8) Accordingly, it is dismissed.
(9) However, there will be no order as to costs."
4. Learned Additional C.S.C. has not disputed the aforesaid fact, therefore, no gainful purpose would be served in keeping this petition pending.
5. Accordingly, the writ petition is allowed in terms of the aforesaid judgements and orders being passed by the Division Bench of this Court in Special Appeal Defective No. 44 of 2023 and Special Appeal Defective No. 472 of 2023 (supra).
6. Resultantly, the impugned order dated 19.12.2023 passed by the opposite party no.2 (Annexure-1) is hereby set aside/quashed. The writ in the nature of mandamus is issued commanding the opposite parties to make payment of minimum pay scale to the petitioner in terms of the recommendation of 7th Pay Commission as has been given to other similarly situated daily wagers.
7. There will be no order as to costs.
Order Date :- 2.7.2024
Shravan
[Rajesh Singh Chauhan,J.]
