Amar Nath Gupta vs U.P. Jal Nigam (Rural ) Thru. Managing ...
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Allahabad High Court

Amar Nath Gupta vs U.P. Jal Nigam (Rural ) Thru. Managing ... on 31 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41791
 
Court No. - 20
 

 
Case :- WRIT - A No. - 4539 of 2024
 

 
Petitioner :- Amar Nath Gupta
 
Respondent :- U.P. Jal Nigam (Rural ) Thru. Managing Director And 4 Others
 
Counsel for Petitioner :- Rakesh Bajpai,Ashok Shukla
 
Counsel for Respondent :- Rishabh Kapoor,C.S.C.
 

 
Hon'ble Shree Prakash Singh,J.
 

1. Heard counsel for the petitioner, Sri Madhav Om, Advocate, holding brief of Sri Samir Om, learned counsel for the respondent nos. 1 to 4 and Sri Vivek Shukla, learned counsel for the State.

2. The instant petition has been filed seeking a writ in the nature of mandamus commanding the opposite parties to consider the petitioner for grant of one annual increament on notional basis with effect from 01.07.2023, with all consequential benefits alongwith arrears of difference of pension.

3. The contention of counsel for the petitioner is that the petitioner was initially appointed on the post of Junior Engineer in year 1978 and retired from service on attaining the age of superannuation on 30.06.2018, while working on the post of Assistant Engineer U.P. Jal Nigam (Rural) Maharajganj. He added that the the petitioner is entitled for the annual increament, which was due to the petitioner from 01.07.2018 i.e. successive date of his retirement, as per the law laid down in the case of Rushibhai Jagdishbhai Pathak vs. Bhavnagar Municipal Corporation [2022 SCC Online SC page 641] latter on followed by The Director (Admn. and HR) KPTCL & others versus C.P. Mundinamani and others [2023 SCC Online SC 404].

4. Further contention of counsel for the petitioner is that the petitioner is entitled for the benefits of annual increament with effect from 01.07.2018.

5. In view of the aforesaid, the opposite party no. 3 is hereby directed to decide the claim of the petitioner which was raised vide representation dated 10.01.2024, within period of four weeks, taking into consideration the order dated 13.05.2024 passed in Writ A No. 3684 of 2024 including the other judgments appended with the writ petition.

6. The writ petition is allowed accordingly.

Order Date :- 31.5.2024

Ram Murti