Pawan Kr. Bharadwaj vs State Of U.P. Thru. Secy. Irrigation ...
2024 Latest Caselaw 20236 ALL

Allahabad High Court

Pawan Kr. Bharadwaj vs State Of U.P. Thru. Secy. Irrigation ... on 31 May, 2024

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41520
 
Court No. - 6
 

 
Case :- WRIT - A No. - 4452 of 2024
 

 
Petitioner :- Pawan Kr. Bharadwaj
 
Respondent :- State Of U.P. Thru. Secy. Irrigation Andd Water Resources Lko And 2 Others
 
Counsel for Petitioner :- Shivam Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.
 

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.

2. With the consent of the parties the matter has been decided finally.

3. This writ petition has been filed seeking for the following main reliefs:-

"(a) Certiorari quashing the order dated 21.08.2023 and the office memo bearing No.7/2021/G-2-154/Das/2021 dated 14.09.2021, contained in Annexure No.1 and 2, respectively, to this writ petition.

(b) Mandamus commanding the respondents not to give effect to an order dated 21.08.2023 and the office memo bearing No.7/2021/G-2-154/Das/2021 dated 14.09.2021, contained in Annexure No.1 and 2, respectively, to this writ petition."

4. There is consensus at bar that the matter in issue is squarely covered by the judgment of this Court passed in Writ A No.4207 of 2024 In re Surendra Nath vs State of U.P. & Ors, decided on 27.05.2024.

5. Considering the aforesaid, the writ petition is allowed. Impugned order dated 21.08.2023, a copy of which is Annexure-1 to the petition is quashed.

6. The respondents are directed to reconsider the claim of the petitioner for grant of next increment due on 01.07.2018 keeping in view the law laid down by the Apex Court in the case of Civil Appeal No. 2471 of 2023 in re: The Director (Admn. and HR) KPTCL & others as well as the Circular dated 12.06.2023, a copy of which is Annexure-6 to the writ petition.

7. Let such consideration be done within a period of six weeks from the date of receipt of the certified copy of this order.

8. The Court has consciously not quashed the Circular dated 14.09.2021 as the subsequent Circular dated 12.06.2023 has superseded the earlier circular.

Order Date :- 31.5.2024

prateek