Dinesh Kumar @ Dinesh Prasad And Another vs U.P. Jal Nigam Thru. M.D. (Rural) Lko. ...
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Allahabad High Court

Dinesh Kumar @ Dinesh Prasad And Another vs U.P. Jal Nigam Thru. M.D. (Rural) Lko. ... on 10 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36084
 
Court No. - 20
 

 
Case :- WRIT - A No. - 3657 of 2024
 

 
Petitioner :- Dinesh Kumar @ Dinesh Prasad And Another
 
Respondent :- U.P. Jal Nigam Thru. M.D. (Rural) Lko. And 3 Others
 
Counsel for Petitioner :- Anamika Tiwari
 
Counsel for Respondent :- Rishabh Kapoor
 

 
Hon'ble Shree Prakash Singh,J.
 

Heard learned counsel for the petitioners and Sri Rishabh Kapoor, learned counsel for the opposite parties.

Instant writ petition has been filed seeking the following reliefs :-

"(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to pay the minimum of the regular pay scale on account of their performing the same duties which are being discharged by the petitioner in the light of judgment and order dated 14.11.2018 passed by the Hon'ble Apex Court in case of Sabha Shanker Dubey Versus Divisional Forest officer and others reported in (2019) 2 Supreme Court Cases (L&S) 652, in the interest of justice.

(ii) Issue any other writ, order or direction in the nature which this Hon'ble Court may deem fit and proper under the circumstances of the case and in the interest of justice.

(iii) Allow the writ petition with costs in favour of the petitioners."

Contention of learned counsel for the petitioners is that the petitioners are discharging their duties, but, they are not being paid the minimum of the regular pay-scales

After the aforesaid argument, learned counsel appearing for the petitioners has confined her prayer to the extent that the interest of justice would be sub-served, if this Hon'ble Court may be pleased to give liberty to the petitioners to move a fresh representation, while raising all their claims before the opposite party no. 2 and the opposite party no. 2 may be directed to consider and decide the same, within stipulated period of time, as may be fixed by this court.

Learned counsels appearing for the opposite parties have no objection to the contention aforesaid.

In view of the above and without entering into the merits of the case, liberty is given to the petitioners to move a fresh representation before the opposite party no. 2 within 15 days from today, and if such representation is moved, the opposite party no. 2, is hereby directed to consider and decide the same within further period of six weeks, with speaking and reasoned order.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 10.5.2024

AKS