Allahabad High Court
Anup Kumar Srivastava And 4 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 October, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:68234
Court No. - 4
Case :- WRIT - A No. - 8858 of 2024
Petitioner :- Anup Kumar Srivastava And 4 Others
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Irrigation And Water Resources Lko. And 4 Others
Counsel for Petitioner :- Mayankar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Mayankar Singh, learned counsel for the petitioners and Ms. Parul Bajpai, learned Addl. Chief Standing Counsel for the State.
2. By means of this writ petition, the petitioners have prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.1 to extend the benefit of judgement and order dated 02.08.2021 passed by the Hon'ble High Court in Case of Sushil Kumar Gautam & 16 others vs. State of U.P.& others passed in Writ-A No.20277 of 2019 and grant the grade pay of Rs.1800 to 1900 on the post of Mate, in the light of the Government Order dated 07.02.2024 passed by the opposite party No.1, in compliance of aforesaid judgment and order to the petitioners forthwith.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide grade pay of Rs.1900/- on the post of Mate to the petitioners from the date of appointment on the post of Made along with all consequential benefits of the services in the light of the judgment of Sushil Kumar Gautam case."
3. Learned counsel for the petitioners has stated that the issue in question has been set at rest and the identically placed persons are getting the benefit as prayed in the writ petition but for no cogent reason such benefit has been provided to the petitioners, for which, the petitioners have approached the Competent Authority i.e. the opposite party No.1 but no decision has been taken on the same.
4. Learned counsel for the petitioners has further submitted that the petitioners are ready to prefer a fresh separate representation to the Competent Authority, therefore, they may be permitted to prefer a fresh separate representation to the opposite party No.1 i.e. the Additional Chief Secretary, Department of Irrigation & Water Resources, Civil Secretariat, U.P., Lucknow and the direction may be issued him to consider and decide the said representation of the petitioner with expedition.
5. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued.
6. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioners to prefer a fresh separate representation to the opposite party No.1 i.e. the Additional Chief Secretary, Department of Irrigation & Water Resources, Civil Secretariat, U.P., Lucknow taking all pleas and grounds which are available with them for disposal of the representation annexing therewith copy of their earlier representation, if any, and the relevant documents in support of their claim within a period of ten days from today, and if any such representation is preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioners, strictly in accordance with law by passing a speaking and reasoned order, with expedition, preferably within a period of six weeks from the date of presentation of a certified copy of this order along with representation and the decision, so taken on the representation of the petitioners, be intimated to the petitioners forthwith.
7. It is needless to say that if the Competent Authority finds that the similar benefits have been provided to the identically placed persons, the benefit of grade pay may be provided to the petitioners within the aforesaid stipulated time.
8. In view of the aforesaid terms, the writ petition is disposed of finally.
.
[Rajesh Singh Chauhan,J.]
Order Date :- 1.10.2024
Om
