Vijay Prakash Pandey vs State Of Up And 2 Others
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Allahabad High Court

Vijay Prakash Pandey vs State Of Up And 2 Others on 1 May, 2024

Author: Prakash Padia

Bench: Prakash Padia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:77973
 
Court No. - 35
 

 
Case :- WRIT - A No. - 6660 of 2024
 

 
Petitioner :- Vijay Prakash Pandey
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Purushottam Mani Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.
 

1. The petitioner has preferred the present petition with the following prayers:-

i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant One Annual Notional Increment Benefits to the petitioner (due on 1* July 2023) as admittedly he has superannuated from services on 30" June 2023 and had worked for the entire year i.e. 01.07.2022 to 30.06.2023 with good conduct;

ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to revise the pension of the petitioner after providing One Annual Notional Increment Benefits (due on 1' July 2023) and to pay the arrears accordingly;

2. It is argued by learned cunsel for the petitioner that the petitioner is entitled for one annual notional increment. In support of his case, learned counsel for the petitioner relied upon the judgment delivered by Hon'ble Supreme Court in the case of The Director (Admn. and HR) KPTCL and others Vs. C.P. Mundinamani and others (Civil Appeal No.2471 of 2023). It is argued that in this regard a representation has already been made by him before the respondent No.3/District Development Officer, District Kushinagar on 28.07.2023 but till date no final decision has been taken on the same.

3. On the other hand, it is argued by learned Standing Counsel that in case, the petitioner will move fresh representation ventilating all their grievances before the respondent No.4, he will consider the same and pass appropriate orders in the matter expeditiously.

4. Heard learned counsel for the parties and perused the record.

5. In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present petition is being disposed of directing the petitioner to move fresh representation before the respondent No.3 along with certified copy of this order within a period of three weeks. In case, the petitioner will file fresh representation within the aforesaid period, the respondent No.3 will pass appropriate orders on the same most expeditiously and preferably within a period of six weeks thereafter strictly in accordance with law.

6. Since the writ petition has been decided on an ex-parte version without seeking any response from the respondents, thus the passing of the order today may not be construed to an expression that this Court has gone into the merits of the matter and the respondent No.3 shall accord independent consideration strictly in accordance with law and the mandate of law holding the field.

Order Date :- 1.5.2024

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