Allahabad High Court
Chandan Kumar Shukla And Others vs U.P. Cooperative Federation Thru. Its ... on 24 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:39669
Court No. - 20
Case :- WRIT - A No. - 4097 of 2024
Petitioner :- Chandan Kumar Shukla And Others
Respondent :- U.P. Cooperative Federation Thru. Its Managing Director Lko. And 3 Others
Counsel for Petitioner :- Mahendra Pratap Singh,Ranjit Singh
Counsel for Respondent :- Shireesh Kumar,Anindya Shastri,C.S.C.
Hon'ble Shree Prakash Singh,J.
Sri Anindya Shastri, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 1 & 2 and the same is taken on record.
Heard Sri Mahendra Pratap Singh,learned counsel for the petitioners, Sri Anindya Shastri, learned counsel for the opposite parties no. 1 & 2 and Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the opposite parties no. 3 & 4.
By means of instant writ petition, the petitioners have sought a writ in the nature of mandamus commanding the opposite party no. 2 to grant/update Pay Grade of the petitioners from Rs. 1900/- to Rs. 2000/- from the date government order dated 18-03-2011, which was issued by the State Government. Further, writ of mandamus is also sought, commanding the opposite party no. 2 to revise and fix the salary of the petitioners after updating Pay Grade.
Contention of learned counsel for the petitioners is that the petitioners are working on the post of Junior Assistants in the U.P. Cooperative Federation and the recommendations of the Fifth Pay Commission are also implemented. He next added that on 18-03-2011, the State Government has issued government order dated 18-03-2011, wherein, Clause(1), it has been provided that such Junior Grade Clerks/Assistants are entitled to be paid Grade Pay of Rs. 2000/-, with immediate effect and the Board of Directors has also taken a decision in consonance thereof. For convenience, Clause (1) of the Government Order dated 18-03-2011, is quoted hereinunder :-
"(1)??????? ?????? ?? ????? ???? ?? ?? ?????? ?????/???? ?? ???? ?? ????? ????? ??? ?? ??? ???????? ?? ?? ??? ???? ??? ?????? ?? ?????? ?????? ????? ???? ??? ?????????? ???? ?????? ??? ???? ????? ??0 5200-20200 ??? ????? ???? ??0 2000 ?????? ?????? ?? ??????? ????? ???? ?????? ??????? ?? ?????? ????? ?????? ???????? ?? ?? ?????????? ???? ????? ??? ????? ???? ??????? ????? ?????? ?????? ????? ?? ???? ????????? ???????? ?????? ??? ???????? ????????? ?????? ?? ???? (DOEACC) ??????? ?????? ??????? "?????????" ?????? ???? ?? ????? ?? "????????? ?????? ?? ???? (DOEACC) ??????? ?????? ??????? "?????????" ?????? ???? ???? ????? ?????? ??????? ??????? ?????? ?? ?????? ???? ?? ??????-????" ??? ?????"
Learned counsel for the petitioners has drawn attention of this court towards Annexure No. 7 of the writ petition i.e. the letter dated 02nd August, 2022, written by the Additional Commissioner and Additional Registrar(Purchase & Sale) Cooperative, Uttar Pradesh, Lucknow to the Managing Director of the Federation,but, all is in vain.
Adding his arguments, he submits that the Federation is running in cumulative profit, which is evident from the letter dated 20-10-2023, appended as Annexure No. 6 alongwith writ petition. He further added that even after several letters and reminders sent to the authority concerned, no decision is taken as yet, though the petitioners are entitled for the relief as provided vide government order dated 18-03-2011. Thus, submission is that the opposite party no. 2 may be directed to consider and decide the matter adhering to the government order dated 18-03-2011 as well as the law settled by this court, vide Judgment and order dated 02-08-2021, passed in Writ A No. 20277 of 2019(Sushil Kumar Gautam and 16 Others Vs. State of U.P. and 2 Others).
On the other hand, Sri Anindya Shastri, learned counsel appearing for the opposite parties no. 1 & 2 has submitted that the Federation is running in loss and therefore, the benefit, which is accorded vide the government order dated 18-03-2011, cannot be granted to the present petitioners.
Considering upon the submissions of learned counsels for the parties and after perusal of material placed on records, it transpires that the petitioners are working as Junior Assistants in the department and the State Government has issued the order on 18-03-2011, wherein it is provided that such Junior Grade Assistants are entitled to be paid the Grade Pay of Rs. 2000/- with immediate effect. Further the letter dated 20-10-2023, is also evident that the Federation is running in cumulative profit and the letter dated 02-08-2022, is also written to the Managing Director of the Federation while requesting therein to, revise the Grade Pay of Junior Assistants of the department.
In view of the above, the opposite party no. 2 i.e. the Managing Director, Uttar Pradesh Cooperative Federation, Station Road, Lucknow is hereby directed to consider and decide the claim of the petitioners for grant of Grade Pay of Rs. 2000/-in the light of the government order dated 18-03-2011, as well as considering the Judgment and order dated 02-08-2021, passed in Writ A No. 20277 of 2019(Sushil Kumar Gautam & 16 Others Vs State of U.P. & Others), within a period of eight weeks from the date a certified copy of this order is produced before him.
With the aforesaid observations, the writ petition is disposed of at the admission stage.
Order Date :- 24.5.2024
AKS
