Rishikesh Singh And Another vs State Of U.P. Thru. Addl. Chief ...
2024 Latest Caselaw 18532 ALL

Allahabad High Court

Rishikesh Singh And Another vs State Of U.P. Thru. Addl. Chief ... on 22 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:38688
 
Court No. - 20
 

 
Case :- WRIT - A No. - 3963 of 2024
 

 
Petitioner :- Rishikesh Singh And Another
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Housing And Urban Planning U.P. Lko. And 3 Others
 
Counsel for Petitioner :- Virendra Kumar Dubey
 
Counsel for Respondent :- C.S.C.,Sampurna Nand Shukla
 

 
Hon'ble Shree Prakash Singh,J.
 

1. Heard learned counsel for petitioners, learned State Counsel for opposite parties no. 1 & 2 and Mr. Pankaj Shukla, Advocate, holding brief of Mr. Sampurna Nand Shukla, learned counsel for opposite parties no. 3 & 4.

2. Instant petition has been filed seeking a direction to opposite parties to consider petitioners' case for grant of one annual increment on notional basis due on 1st July,2022 with all consequential benefits.

3. Learned counsel has placed reliance on judgment rendered by this court in the case of P.P. Pandey versus State of U.P. and others, reported in 2021(1)ADJ 646 which has been followed by another Coordinate Bench of this Court in the case of Nand Vijay Singh and others versus Union of India and other, reported in (2021) 4 AWC 3182 which has been quoted with approval by Hon'ble the Supreme Court in the case of Director (Admn. and HR) KPTCL & others versus C.P. Mundinamani and others reported in 2023 Live Law (SC) 296.

4. Learned counsel appearing for opposite parties however submit that petition has been filed with laches of almost 2 years without any cogent explanation for same although do not dispute the applicability of aforesaid judgments in the present facts and circumstances of the case.

5. In view of aforesaid, the petitioners are given liberty to move a fresh representation while raising their claim with respect to grant of one annual increment on notional basis as due on 1st of July,2022, before the opposite party no. 3 within 15 days from today and if such representation is moved, the opposite party no. 3 is hereby directed to consider and decide the same within further period of six weeks and if it is found that the petitioners are entitled for the same, the benefit as aforesaid, shall be accorded to the petitioners within further period of four weeks.

6. With aforesaid directions, petition is disposed of.

Order Date :- 22.5.2024

AKS